MEHULKUMAR JANTILAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing the FIR bearing CR No.I65 of 2006 registered with Bhiloda Police Station, District Sabarkantha for the alleged commission of offence punishable under Sections 363 and 366 of the IPC.

(2.) THE facts which can be culled out from the record of the application are as under: Respondent No.2 ­ first informant lodged the impugned FIR with Bhiloda Police Station on 20.7.2006 against the present applicant alleging that the daughter of the first informant named Nikitaben who was studying in 10th Standard and was aged about 17 years and 4 months has been abducted by the present applicant. It is alleged in the impugned FIR that the daughter of the first informant had developed cordial relations with the present applicant. The main allegation which is made in the impugned FIR is that the accused induced the minor daughter of the first informant­Nikitaben and took her away from the lawful custody of the guardian i.e. first informant. It appears from the FIR that the alleged incident took place on 3.4.2006, whereas the FIR was lodged on 20.7.2006 i.e. after more than 3 months.

(3.) IT may be noted that though served, the first informant respondent No.2 has not appeared before this Court.