CHANDAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jai Singh Chandel, learned counsel for the applicant, learned A.G.A. for the State and Sri M.C. Singh, learned counsel appearing on behalf of opposite party No. 2. The applicant, through the present application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the proceeding in S.T. No. 11 of 2012, under Sections 363 and 366 I.P.C. pending in the Court of Additional Sessions Judge, Anoopshahar, Bulandshahar.

(2.) The brief facts of the case are that a First Information Report was lodged by the opposite party No. 2 the father of the prosecutrix (hereinafter referred to as the complainant) against the applicant and two other persons namely Hosiyar son of Khacheru and Jagdish son of Teja alleging that on 19.5.2011 at about 4.00 p.m. in the morning his daughter aged about 15-16 years had gone to attend call of nature in the Jungle which was near the house of the complainant and when she did not return he made a search of her daughter and came to know that her daughter was enticed away by Chandan son of Dharamveer (applicant), Hosiyar Singh son of Khacharu and Jagdish son of Teja. He made a search of her daughter from his relatives and also made a search of by three above named accused persons but they could not be traced. It is stated that several persons of the village have seen her daughter being taken by the said accused persons. The accused persons are influential and men of criminal antecedent, hence, he prayed for registration of First Information Report against them.

(3.) The F.I.R. of the incident was lodged by the complainant on 22.5.2011 at police station Anoopshahar, District Bulandshahar which was registered as Case Crime No. 34/11, under Sections 363 and 366 I.P.C.