SHESH NATH CHAUBE Vs. STATE

JUDGEMENT

(1.) THIS is an ap plication under Section 482 CrPC for quashing the order dated 8-8-1977 passed by Munsif Magistrate, Jaunpur summoning the applicants in a case under Sections 363, 366, 368, 344 and 376 IPC.

(2.) ONE Subedar Singh is a resident of village Surharpur P. S. Jalalpur dis trict Jaunpur, Durgavati Devi aged about 15 years, is his daughter. On 24-1-1977 Subedar Singh found her missing. On 2-2-19'/7 he gave an application to D. M. Jaunpur suspecting foul play against his daughter. When no action was taken on his application, he filed a report at P.S. Jalalpur on 2-3-1977. In that report he gave out that he had learnt that applicant No. 1 (Shesh Nath Chaube) and applicant No. 4 (Ram Janam Singh) had kidnapped his daug hter. On the basis of that report a case under Sections 363, 368, 366, 344 and 376 IPC was registered. During the course of investigation, the Investigating Officer found that applicants Nos. 2, 3 and 5 also had a hand in the commission of this crime. The Investigating Officer submitted his report to S. P. Jaunpur. After the scrutiny of the case, it was found that it was not a fit case in which charge sheet should be filed in Court. S. P. Jaunpur passed an order that S. O. Jalalpur should submit a final report in the case. Accordingly, a final report was submitted in the Court of the Magistrate concerned. The Magistrate, how ever, did not accept the final report and vide order dated 8-8-1977 summoned the applicants to stand trial under Sec tions 363, 368, 344, 366 and 376 IPC. It is for the quashment of this order that this application under Section 482 CrPC has been filed.