SANJAY Vs. STATE OF U.P

JUDGEMENT

(1.) Case called out in the revised list. Sri Nigamendra Shukla, learned counsel for the applicant and learned AGA on behalf of the State are present but Sri Hari Om Yadav, learned counsel for the opposite party no.2 is not present. Heard Sri Nigamendra Shukla, learned counsel for the applicant and learned AGA on behalf of the State and perused the record.

(2.) This application under Sec. 482 Cr.P.C. has been preferred by the applicant with a prayer to quash the impugned chargesheet No.142/11 dtd. 8/11/2011 as well as criminal proceedings in Case No.138 of 2011 arising out of Case Crime No.218 of 2011, under Sec. 363, 366, 120B I.P.C., Police Station Babugarh, pending in the court of Additional Civil Judge (SD)/ Additional Chief Judicial Magistrate, Hapur, Panchsheel Nagar (Ghaziabad).

(3.) It is submitted by the learned counsel for the applicant that as per prosecution case in brief, the impugned FIR was lodged on 1/9/2011 by the opposite party no.2 with regard to alleged incident dtd. 20/5/2011 through an application dtd. 13/6/2011 under Sec. 156(3) Cr.P.C. against five accused persons namely Harveer, Sanjay, Manveer, Sukhveer and Smt.Shanti Devi, making allegation that the accused persons in collusion with each other in a pre-planned manner kidnapped his daughter Madhu. In the said FIR, it is also stated that by the informant that on 6/6/2011 he had gone to Meerut for his personal work, where he saw his daughter Madhu in a car alongwith accused persons. On making query, his daughter Madhu told that the accused persons forcibly brought her and they are committing rape on her. The investigating officer after investigation submitted chargesheet dtd. 8/11/2011 against the applicant under Sec. 120B, 363 and 366 I.P.C., on which Additional Chief Judicial Magistrate took cognizance on 14/11/2011.