BHOLU Vs. STATE OF U P

JUDGEMENT

(1.) APPLICANT 's Counsel is permitted to make the correction in the application under Section 482, Cr.P.C.

(2.) HEARD Sri V.M. Zaidi, learned Counsel for the applicants, learned A.G.A. for the State and perused the record. The case is being finally decided at the admis ­sion stage, as issuing notice to the opposite party No. 2 is not considered neces ­sary.

(3.) SHORN of unnecessary details, the facts leading to the filing of the applica ­tion under Section 482, Cr.P.C. are that Smt. Tayyaba (opposite party No. 2) lodged an F.I.R. on 9.6.2008 at P.S. Najibabad (Bijnor), where a case under Sec ­tions 363, 366, I. PC. was registered at crime No. 253 of 2002 against (1) Sharafat; (2) Anis; (3) Naseem; (4) Smt. Hajra; (5) Km. Fatma. The allegations made in the F.I.R., in brief, are that the accused persons enticed away Km. Mehtab minor daughter of the complainant aged about 15 -16 years on 21.5.2002. After investi ­gation, charge -sheet under Sections 363, 366, 368 and 376, I.PC. was submit ­ted against thirteen persons including the applicants -accused. After taking cogni ­zance, all the accused were summoned to face the trial. It appears that the applicants did not appear in the lower Court and hence, their case was separated and trial proceeds against other accused. On the case being committed to the Court of Session for trial, S.T. No. 746 of 2006 (State v. Sharafat and others) was registered, which was decided by the Sessions Judge, Bijnor vide judgment and order dated 29.1.2007, whereby the accused, who were facing trial have been acquitted. After acquittal of co -accused, the applicants -accused have approached this Court to quash the entire proceedings of criminal case pending against them for the same offences in the Court of Chief Judicial Magistrate, Bijnor.