KHADEDU RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) - This is an application under Section 482 Cr. P. C. for quashing the order dated 29. 5. 2004 passed by the Addl. Sessions Judge. F. T. C. 1st. Jaunpur in S. T. No. 180 of 2003, State v. Rai Sahab and others under Sections 363/366 I. P. C. , P. S. Line bazar, District Jaunpur.

(2.) THE facts relevant for disposal of this application are that on 29. 10. 2002 the applicant Khaderu Ram Yadav lodged a F. I. R. at Police Station Line Bazar District jaunpur wih these allegations that his daughter Sangeeta Yadav aged about 16 years had gone to T. D. College on 26. 9. 2002 at about 10 a. m. where she was studying. The accused Rai Sahab, Shiv Shankar, bharat Nath Yadav, Arat Yadav and nakharoo Yadav kidnapped her in the way. This incident was witnessed by Kanhai and janardan Yadav. They prohibited the accused from doing so but the accused threatened them and absconded taking Sangeeta yadav with them. Then Khaderu Yadav lodged this F. I. R. at the police station. On the basis of this report case Crime No. 755 of 2002 was registered against the abovenamed accused persons.

(3.) IT appears that Sangeeta Yadav, accused Rai Sahab, Bharat Ram Yadav, Shiv shankar Yadav and Arat Nath Yadav filed criminal Misc. Writ Petition No. '6886 of 2002 before this Court and in that writ petition a copy of High School Certificate of km. Sangeeta Yadav was also filed in which her date of birth was described to be 2. 12. 1983. She had further claimed that she had married accused Rai Sahab out of her own free will and taking into consideration her High School Certificate, this Court had stayed arrest of the petitioners No. 2 to 5 of above petition till submission of report under Section 173 Cr. P. C.