RAMAKRISHNAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to call for the records pertaining to the proceedings pending in P.R.C.No.36 of 2011, on the file of the learned Judicial Magistrate I, Chengalpet, and to quash the same.

(2.) The petitioners herein have been arrayed as A2 to A4 in the impugned proceedings. The case of the prosecution is that on 05.02011 at about 00 p.m., the first accused, at the instigation of the petitioners herein, kidnapped the victim minor girl aged about 17 years, and thereby have committed offences under Sections 366, 376, r/w 109 of I.P.C.

(3.) The learned counsel for the petitioners, by relying on the statements under Section 161 (3) of Cr.P.C. of the victim girl, submitted that the victim had voluntarily called the first accused on 05.02.2011 at about 2.00 hours to come to her house and from there they had left the house and reached the Bus Stand, wherein the petitioners herein were present. Apart from this statement, there are no other overt acts attributed by any of the witnesses to implicate the petitioners herein for having committed offences, either under Section 366 or 109 of I.P.C. and therefore, the proceedings against the petitioners herein are liable to be quashed.