ANISA Vs. BANNE KHAN

JUDGEMENT

(1.) This is an application Under Section 482 Cr.P.C. praying that the entire proceedings in Criminal Case No. 499 of 1979(Banne Khan v. Shahjahan and Anr.) pending in the court of Special Judicial Magistrate, Etawah, be quashed.

(2.) It would appear that one Banne Khan filed a complaint against applicant Smt. Anisa and one Shahjahan Under Sections 362, 364, 498 & 417, 420, IPC claiming that Rubina is his wife and on 15-12-1979 while he was on duty as an employee at New Hind Talkies, and only Rubina and the mother of the complainant were at the house, the aforesaid accused persons misrepresented that they had obtained permission from the complainant for the Ruksat of Rubina and complainant told that she may go and so they desired to take her and believing upon the false representations made by the accused persons Rubina's Rukhsat was secured and she accompanied the accused persons along with ornaments mentioned in the complaint. It was stated that thereafter any trace of Rubina was not found. The complainant visited the house of the accused persons. The accused persons are of bad character. They will use Rubina for carrying trade in skin or sell her. She will be tortured and Rubina's life and honour will net be saved. The Magistrate after recording the evidence Under Sections 200 and 202 Cr.P.C. passed the order dated 16-1-1980, quoted in paragraph 3 of the supplementary affidavit dated 25th Oct., 80 filed on behalf of the applicant. Only Smt. Anisa filed this application. It was submitted that second accused person is dead. That however, is a matter to be enquired into by the Magistrate and I do not express any opinion.

(3.) Firstly it is submitted that the Magistrate could not have summoned the accused persons. So far as that submission goes the complaint discloses certain offences. Statements Under Sections 200 j and 202 Cr.P.C. were recorded. Those statements are not annexed. I do not find that prima facie any case is disclosed by the complaint.