MOHMED YUSUFBHAI KASAMBHAI KALAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor Mr. K. P. Raval waives service of notice of Rule on behalf of the respondent -State. 1.1 In the facts and circumstances of the case, having regard to the compass of the matter and with consent of both the learned advocates, this Revision is taken up for final consideration, making Rule returnable forthwith.

(2.) THE petitioner, practicing as Notary Advocate, has brought under challenge order dated 08.01.2015 passed by learned 3rd Additional Sessions Judge, Junagadh, whereby the Sessions Judge dismissed application below Exh.22 of the applicant -accused for his discharge under Section 227 of the Code of Criminal Procedure, 1973.

(3.) BRIEFLY stated, the facts are that the First Information Report being C R No. I 3 of 2011 dated 30.01.2011 came to be registered with Mangrol Police Station, Junagadh in respect of offences punishable under Sections 363, 366, 376, 466, 471, 465 and 114 of the Indian Penal Code. The complainant mother stated that a fare was organized nearby their village and they had gone their to sell their goods and material on 10.04.2010. Therefrom on the said date, that is, 10.04.2010, her daughter was found missing. On 30.01.2011, she had gone to Veraval Railway Station to receive a relative. At that time, she showed her daughter who had disappeared on 10.04.2010 stepping down from the train with a kid in her hand and she was accompanied by a boy aged 22 -25 years. The complainant rushed to her daughter and asked her about boy who had by the time eloped. The daughter stated that she had married with the boy named named Sanjay Chandubhai Solanki and the child was borne out of the wedlock. The girl stated that the marriage was executed by executing stamp paper through the Notary. Attributed with the aforesaid role, the applicant -Notary was arraigned as accused No.5.