ATTU Vs. SHER SINGH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been filed under Section 482 of Cr.P.C. to set-aside the order dated 12.04.2016 passed in criminal revision No. 2/16 by Additional Sessions Judge Bina District Sagar whereby learned Additional Sessions Judge, Bina affirmed the order dated 02.12.2015 passed by the Judicial Magistrate First Class Bina in which Judicial Magistrate First Class, Bina refused to take cognizance against the respondents under Section 294, 323, 506, 342, 363, 452 of IPC and dismissed the petition under Section 203 of Cr.P.C

(2.) Learned counsel for the petitioner submits that the order passed by the both the court below is illegal and against the material available on record and liable to the set-aside. Both the court below have failed to see that there is sufficient evidence against the respondents to prosecute them for alleged offence. It is evident from the evidence that son of complainant has been kidnapped by the respondents and since date of kidnapping son of complainant could not be traced out, so there is last seen evidence available on record. Scope of inquiry under Section 203 is very limited then trial court should consider that that witnesses are reliable or not. All these aspects are alien to the scope of enquiry at that stage. Delay in complaint can be explained during the trial of the case, so the order of court below be set-aside. Learned counsel for the petitioner relied upon the judgments passed in the Case of Umrao Singh Vs. State of U.P. and others reported in 2012 Cr.L.J. 2370, in the case of Ramesh Bhai Atmaram Vaghela Vs. State of Rajasthan and another 2012 Cr. L.J. 2386 and State of Rajasthan Vs. Vikramajeet Singh 2018 Cr.L.J. 4681.

(3.) None for the respondents.