BISHESHWAR TAMOLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 14.12.2004 passed by the Additional Sessions Judge -cum -Fast Track Court No. II, Nalanda at Biharshariff in Sessions Trial No. 419 of 2003 by which he has rejected the prayer of the petitioners to discharge them under the provisions of Section 227 of the Code.

(2.) HEARD .

(3.) LEARNED counsel for the petitioners submitted that actually the victim girl is of questionable character and she out of her own will had left the house and was found at Rajgir on 7.3.1998 in a suspicious manner. He also submitted that as the petitioners used to raise objection against her conduct they have been falsely implicated. He then submitted that the complainant is a constable and if there would have been any truth in the allegation, the police would not have submitted final report as case false. It is also submitted by him that there is discrepancy in the date of occurrence as stated in the compliant petition and as stated in the FIR and that the victim girl had stated before the police that she had voluntarily left her house.