SHAILENDRA SINGH NAHAR Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner by this petition under section 482 prays for quashing the investigation in Crime No. 144/77 registered under sections 363, 366, 376 read with section 120.B I.P.C. against him at Police Station, Station Road Ratlam.

(2.) The petitioner is a Law Graduate having passed the L.L.B. Examination in 1975 in first division with Xth position in the merit list of the University. Having practiced for some time, the petitioner joined judicial service as a Civil Judge Class-IT and was posted as a trainee Judge at Shajapur in August, 1978.

(3.) The petitioners father who was also a lawyer had a tenant by name Bhagchand Vardhani who lived in a portion of the house where the petitioner had also his office. BhagchandTs daughter Gunvanti Sheela, was studying in (viiith) class and was to appear at the annual examination, the petitioner is alleged to have developed some intimacy with Sheela who eventually left her home on 21st of April, 1977 while the petitioner and his father, both lawyers had left for Gwalior on the preceding day i.e. on 20th April, 1977 by Dehradun Express, to attend to some revenue case before the Board of Revenue and returned to Ratlam on 24th April, 1977. As Sheela was missing, initially a missing report was lodged and thereafter Bhagchand lodged a F.I.R report at P.S. Station Road Ratlam on 22.4.77 suspecting the petitioner as having kidnapped his daughter. On this report Crime No. 144/77 was registered under sections 363, 366, 376 and 120-B I.P.C. The petitioner was arrested in connection with the aforesaid offence on 29th April, 1977 and was released on bail by the Sessions Judge Ratlam by his order dated 30th April, 1977.