ASHOK KUMAR SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As both the above petitions are directed against the order dated 21.12.2002 passed in case initiated on FIR No.193/92 and FR No.9/93 Police Station Uniyara, District Tonk, for quashing the order of cognizance in respect of offences under sections 365, 364 and 120 B I.P.C. against the petitioners, they are being decided by this common order.

(2.) Briefly stated, the facts are that Prahlad Gupta lodged a verbal report at Police Station Uniyara on 19.09.1992 alleging that his elder brother, Rakesh Kumar, came to the Uniyara bus stand on 04.09.1992. It was also alleged that Rakesh Kumar consumed liquor with Mool Chand and Ashok Kumar Saxena and they went from there between 9.00 P.M. and 10.00 P.M. to Mandawara village on a motorcycle to visit prostitutes. On reaching village Mandawara, they consumed another bottle of liquor, had sex with three prostitutes, and spent the night there. Ashok Kumar Saxena and Mool Chand Soyal returned back on the motorcycle but nothing is known about Rakesh Kumar and he is missing since then. The aforesaid report was recorded by the police in the General Diary and an enquiry was conducted. Subsequently, FIR No.193/92 for offence under section 365 IPC was registered on 13.10.92.

(3.) The Police conducted investigations and many different investigating officers reached the conclusion that there is no evidence against the petitioners in respect of the alleged offences. Ultimately, FR No.9/93 was submitted in the court of Civil Judge cum Additional Chief Judicial Magistrate, Uniyara on 31.03.93. The complainant appeared in the court and submitted a protest petition on 1.6.2001. The case was fixed for recording the evidence of the complainant but no evidence could be recorded. After perusal of the record, the impugned order for taking cognizance of the offences under sections 364, 365 and 120 B IPC against the petitioners was passed.