UMA DEVI Vs. RAKESH PRASAD SAHU

JUDGEMENT

(1.) This Criminal Revision Application is directed against the composite order dated 4.3.2015 passed in Cril. Misc. Case No.572 of 2014 arising out of (FIR No.25(3)2014 City Police Station registered u/s 366/368/511/34 IPC and also in other Criminal case) whereby and whereunder the then Chief Judicial Magistrate, Imphal West, discharged the accused persons- respondents from the case.

(2.) Before testing the legality and propriety of the impugned order the case of the prosecution needs to be taken notice of which is as follows. The complainant filed a Complaint Case vide Cril. Misc Case No.153 of 2014 on 1.3.2014 against the accused persons-respondents, namely Rakesh Prasad Sahu, Ajay Kumar Sahu, Md. Ziaur Rahman and Amit Chakraborty alleging therein that the accused Rakesh Prasad Sahu was in visiting term with them as his son Nitish Kumar Gupta happened to be his friend. On 25.2.2014 while her daughter was strolling near Khuyathong Pukhri Achouba, she was kidnapped by said Rakesh Prasad Sahu along with his some unknown associates for the purpose of marrying her though her daughter had given consent for marrying another boy. That was the reason for the accused to kidnap her and that the accused prevailed on her by showing a certificate certifying marriage in between her daughter and said Rakesh Prasad Sahu as a result of which attitude and behaviour of her daughter got changed but the said certificate was forged one.

(3.) Upon filing of said complaint, it was forwarded to a police station purportedly to be u/s 156(3) of the Cr. PC to City P.S. for its institution and investigation. Accordingly, it was registered as FIR Case No.25(3) 14 City PS u/s 366/368/511/34 of IPC. In connection with that case, said accused Rakesh Prasad Sahu was arrested and was produced along with the girl in the court before which the girl gave statement that the accused had eloped her with her consent and accordingly the accused was granted bail on 3.3.2014.