RANJAN Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. These proceedings under Section 482 arise out of a complaint (No. 4295 of 2005) filed under Section 364/34 I. P. C. in the Court of Additional Chief Judicial Magistrate, Shahjahanpur. The complainant had filed a complaint that his son Jagdish aged 24 years, who was an employee of Larson and Tarbo's in Oswal Chemicals and Fertilizers Ltd. Pipraula District Shahjahanpur was sent by accused Nos. 4 and 5 to accused No. 3 at Dalra Ghat, Solan, and, since then, he is untraceable, and there is an apprehension, that the accused have kidnapped and killed him.

(2.) THE applicant whose name is Rajan says that he has nothing to do with the matter, his father's name and address had not been given in the complaint and his arraignment is a case of mistaken identity, and reference, has also been made to the fact that it has been mentioned by the complainant in his statement under Section 200 Cr. P. C. that one person Rajan went with the applicant in the search of his son.

(3.) THE Court under Section 482 Cr. P. C. is not supposed to confine itself only to cases where no prima facie case is made out or there is a mistaken arraignment but has also to exercise its jurisdiction to see whether any fruitful purpose would be served by the continuation of proceedings if the Court finds that the proceedings which have been initiated are wholly purposeless impractical and would tantamount to chasing a black cat in a dark room the Court must apply the closure and suggest alternative procedure which may be effective in right earnest.