AWADHESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for respondent no. 2 and learned A.G.A.

(2.) This writ petition has been preferred with the prayer to quash the impugned order dated 19.12.2012 passed by A.C.J.M., 17th Etah in criminal case no. 138 of 2008, case crime no. 305 of 2008, under Section 364 I.P.C., P.S. Jaithara, District Etah and order dated 08.07.2014 passed by Additional Session / Special Judge SC/ST Act (P.A.) Etah in criminal revision no. 205 of 2013.

(3.) Brief facts are that the complainant Smt. Munni Devi had lodged a report with the allegation that on 28.08.2008 at about 09:00 A.M. Awadhesh came to her house and had lunch at her house. At about 05:00 P.M. he took her husband Satyaram on account of some work at Dhumari and stated that he will return tomorrow. The next day when her husband did not return, she went to the house of Awadhesh where the inmates of Awadhesh told that they are with each other and they have gone to Aliganj from Dhumari. She awaited for another two days but her husband did not return. He again went to the village of Awadhesh where she was told that Awadhesh is living in the village. So, she started searching for her husband then Ajaipal and Satyendra of the village told her that on 28.08.2008 at about 05:30 P.M. they had seen Awadhesh along with Kashmir Singh, Satyaram, Kripal Singh and Pramod. She felt that her husband was kidnapped for murder by Awadhesh. She gave an application at the police station to register a case but the case was not registered. Then she presented the application before S.S.P. at which the case was registered but the I.O. did not record her statement and send the final report.