IMRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the instant revision petition assailing the order dtd. 30/9/2022 passed by learned Addl. Sessions Judge, Kama District Bharatpur in Criminal Case No. 573/2022 whereby the application under Sec. 70(2) Cr.P.C. filed on behalf of the petitioner for converting standing warrant of arrest into bailable warrant has been dismissed.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor.

(3.) Brief facts of this case are that the complainant Nanga filed a complaint before the court of Judicial Magistrate, Kama inter alia alleging that his niece Mst. 'S', aged 16 years has been residing with her for the last two years. On 20/10/2010 at about 4:00-5:00 PM, the prosecutrix was returning home along with her aunt Kamla. At that time, a white colour Marshal vehicle was stationed near B.K. Haryana Crasher Machine. Nishar, Mojuda, Nihal, Rahis, Islamuddin, Chain and some other persons were standing there. They all tried to catch and forcibly take her niece away in the vehicle upon which, the prosecutrix and her aunt Kamla raise hue and cry. On hearing the noise, Rupa and Mahmood came there and tried to rescue the prosecutrix but could not succeed. All the aforesaid accused took her niece away in the Marshal vehicle. Kamla told about this incident at home. Thereafter, they made every possible efforts to recover the prosecutix. It was also alleged in the report that they also met husband of the Sarpanch of the Village Israel who assured them to hand over the girl. It was also alleged in the complaint that the accused persons have converted the religion of her girl and refused to give custody of the girl. The said complaint was forwarded for investigation under Sec. 156(3) Cr.P.C. and FIR No. 25/2011 came to be registered at Police Station Kama for offence under Sec. 366 IPC.