SMT.RAJSHREE SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) (20.05.2020) This revision petition under Section 397/401 Cr.P.C. has been preferred by the petitioner being aggrieved by the order dated 29.04.2019 in S.T. No. 280/2019 passed by 10 th Additional Sessions Judge, Bhopal, whereby the learned ASJ has framed the charge for the offence punishable under Sections 363 and 370 (1) of IPC against the petitioner.

(2.) According to the case, on 26.06.2018, a missing complaint of the prosecutrix i.e. minor daughter of one Maya Kewat was lodged informing that on 25.06.2018, her daughter went out of the house to attend coaching classes but she did not return back. She expressed her suspicious that somebody had taken her daughter away. Hence, the police has registered the FIR under Section 363 IPC against unknown person. Thereafter, the police has recovered the girl (prosecutrix) from the hostel premises under the ownership of the petitioner. After completing the investigation, the police has filed the charge-sheet for the offence of Sections 363 and 370 (A)(1) of IPC.

(3.) Learned counsel for the petitioner submits that on reading the FIR and statements of the prosecutrix, no offence is made out against the petitioner. He further submits that the prosecutrix has left her house as she was not satisfied with the atmosphere of society where she resided. The petitioner has given shelter to her. There is no material available in the case-diary which shows that the petitioner kept her forcefully or harassed her, even then the trial Court has framed the charge of aforesaid offences. The petitioner is running a hostel and she has permission in this regard. The prosecutrix has also filled the application form before entering into the hostel stating her age as 18 years. The petitioner never abducted or kidnapped the prosecutrix rather she provided shelter to her, the prosecutrix willfully came to her, hence, no case under Section 363 IPC is made out against the petitioner. So far as Section 370(1) IPC is concerned, same is related to human trafficking by selling or buying a person for the purpose of exploitation and in this case, there is no allegation which shows that the petitioner did anything which attract the offence of Section 370 IPC. Since, no ingredient is fulfilled to constitute the aforesaid offences, therefore, order of trial Court of framing charges deserves to be quashed. With the aforesaid submissions, he prays for allowing this petition.