KANHAIYA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the criminal prosecution and the order, dated 3 -8 -1988 passed by the 1st Assistant Sessions Judge, Hassari -bagh, in Sessions Trial No. 194/88 whereby he has rejected the prayer of the petitioner for his discharge under Section 227 of the Cr. PC and framed charge under Section 366 -A of the IPC against the petitioner by the impugned order, dated 3 -8 -1988.

(2.) The brief facts giving rise to the prosecution case is that one girl named Parmila Kumari said to be the niece of the informant aged about 16 years had disappeared from her house on 7 -10 -1987. On enquiry the informant learnt that she was taken away by this petitioner and the petitioner was also found traceless from that date.

(3.) On the basis of the aforesaid allegation the police registered a case under Sections 363 and 366 of the Indian Penal Code and charge -sheet was also submitted at the close of investigation.