VIJAY SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This petition under section 482 of CrPC is for quashing the proceedings pending against the petitioner in Criminal Case No. 11577/2011 before the learned JMFC, Gwalior.

(2.) The brief facts of the petition are that complainant lodged a report that on 15.2.2009 at about 1 p.m. she along with her niece was in the house. Vijay Singh, Ramsiya, Kalyan and Ballu came to her house and caught hold of Seema. Thereafter, they forcibly took the prosecutrix to a room where gang rape was committed, with her. During the incident, her blouse was torn and bangles were broken and she also received some injuries. On the basis of the report lodged by the complainant, a case was registered against the petitioner and co -accused. During investigation, complainant was sent for medical examination, statements of the witnesses were recorded under section 161 of CrPC and DNA test was also held. After investigation, the police has found that a false report has been lodged, therefore, E.R. was filed. Thereafter, the complainant has filed a private complaint before the JMFC, Gwalior. The learned Magistrate after recording the statements under sections 200 and 202 of CrPC, dismissed the complaint. Against which, the complainant has preferred a revision before the Fourth ASJ, Gwalior, in which petitioner and co -accused were not served and ex -parte order was passed whereby the order passed by the learned Magistrate was set aside and matter was remanded for passing fresh order after taking additional evidence, if it is produced. Thereafter, the learned Magistrate has taken cognizance against the petitioner and co -accused under section 376 (2)(g) of IPC. Being aggrieved, the petitioner has preferred this petition under section 482 of CrPC.

(3.) Learned counsel for respondent No. 1 as well as learned Panel Lawyer for respondent No.2/State have submitted that the learned Magistrate has not committed any illegality in taking cognizance against the petitioner.