RAM DAYAL PATEL Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of this application, under Section 482 Cr.P.C., applicant sought quashing the proceedings of supplementary Charge-sheet No.157-A, dated 02.12.2009, against applicant, under Section 368 IPC, arising out of Case Crime No. 409 of 2009 in Criminal Misc. Case No. 681 of 2010 (State v. Rajesh Kumar and others), pending in the Court of Judicial Magistrate, Court No. 22, Raebareli and subsequent proceedings thereof.

(2.) Brief facts giving rise to the present application are that Informant-Opposite Party No.2-Ganga Dei moved an application under Section 156(3) Cr.P.C. in the Court of ACJM, Raibareily stating that on 16.04.2009 at about 2:0 pm, her minor daughter (name withheld by me) aged about 15 years was alone in the house, accused seduced her and enticed away. When she came back from her field in the evening, he did not find her daughter in home. She searched her but found no where. People of her village told that accused-Rajesh Kumar and victim were going towards village Salon. She went to the house of accused to ask about her daughter but they did not tell anything. She sent an application to Superintendent of Police, Raibariely but no heed. Prayer has been made in the application under Section 156 (3) Cr.P.C. that Police be directed to register the case and investigate the matter.

(3.) In the application under Section 156(3) moved by informant-Smt. Ganga Dei, a case came to be registered as Case Crime No.409 of 2009 under Section 363 and 366 IPC and investigated by Investigating Officer who submitted charge-sheet against three persons namely Rajesh Kumar, Ram Pal and Jogeshwar Prasad.