(1.) This is an appeal under Sec. 378(3) of Code of Criminal Procedure (hereinafter referred to as 'CrPC') filed against the judgment and order dtd. 25/2/2022 passed by Additional District & Sessions Judge/ Fast Track Court No.2, Jyotiba Phule Nagar (Amroha) in Session Trial/1700263/2014, State Vs. Israr and others arising out of Case Crime No. 278 of 2012, under Sec. 364 IPC, P.S. Amroha City, District Amroha, whereby accused-respondents have acquitted.
(2.) Briefly stated facts shorn off unnecessary details that the complainant Musharraf son of Ashraf, resident of village Nanak Nagli, P.S. Kaanth, Moradabad had submitted a written report on 31/8/2012 to S.P. Amroha with an allegation that he is the resident of village Nanak Nagli, P.S. Kaanth, Moradabad and his son Nusrat aged about 27 years is living for the past 9 years in Amroha in locality Qureshi in the house of one Shoeb as a tenant and his son had married twice as the name of the first wife is Asma and the second wife is Nazmeen. Nusrat being his son about 11 years ago had married Nazmeen daughter of Afsar Khan being in love with her and in the said connection, family members of Nazmeen were furiated and they bore enmity with his son. About 8 months ago the complainant son Nusrat was abducted and the accused being Kalam son of Qayyum resident of Sultanpur, Sujauddin, Akram, Rustam sons of Afsar Khan, Alauddin son of Akhtar Khan and Mushahid son of Sher Khan resident of village Nanak Nagli, P.S. Kaanth, Moradabad were instrumental in committing said offence and his son was recovered by the joint operation of police of Hasanpur and Gajraula.
(3.) As per the prosecution theory, on 29/8/2012 at 3:00 in the noon, the son of the complainant being Nusrat was accompanied with his both the wives and his children was present in the locality Qureshi, then the accused Israr made a call in the mobile phone of his son. The mobile number of Nusrat is stated to be 9917816875 and 9927874914. After receiving the said call which is stated to be made by Israr resident of village Kaserua, the complainant's son apprised his wives that he has been called by Israr resident of village Kaserua. It is further alleged that despite the fact that the complainant's son had proceeded on receiving the call of accused Israr, but when he did not return, then calls were made, however, it was noticed that both the mobile numbers were switched off and even after repeated search, his whereabouts were not traced and thus suspicion occurred that on account of love marriage so solemnized between his son and Nazmeen, the same became the ground of commission of the offence. Further allegation has been made that the complainant proceeded to the Police Station Amroha City, however, no action, whatsoever has been taken and thus he has submitted the written report that FIR be lodged.
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