SHAMBHUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under section 482, Cr. P.C. the petitioners pray for quashing of the order dated 14.7.1990, passed by the 1st AddI. Sessions Judge, Ratlam, in Sessions Trial No.20 of 1990, thereby framing charge under section 366/34, I.P.C. against the petitioners.

(2.) Before taking up the grounds challenging the framing of charge, it would not be out of place to record a few basic facts giving rise to the prosecution: Mt.Gangabai, a widow, on 15.5.1989 lodged a report with the police complaining that her daughter Lilabai, aged about 20 years (as given in the F.I.R) was forcibly taken away -from a well by her uncle Dhulsingh 5/0 Rama and Narsingh 5/0 Rama, both residents of village Aligarh in district Ratlam. It is also to be found in the F.I.R. that Lilabai was married to Balusingh of village Somchiri. It was a customary matrimonial alliance, known as NA TRA, which was witnessed by Fatta and Rama Gujar.

(3.) On the basis of this report a case under Section 366, I.P.C was registered at police station Tal, and ipvestigated. On completion of investigation, charge-sheet was filed against as many as fourteen persons, and charges as stated above were framed against them.