KALJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is application under sec. 482, Cr. P. C. for quashing the order dated 23-10-1978 in Criminal Case No. 386 of 1978 Ghooriya vs. Kalji, pending in the Court of Additional Munsiff & Judicial Magistrate, Karauli.

(2.) BRIEF facts of the case which are relevant for the disposal of this application are that Ghooriya filed a complaint against the petitioner in the Court of the learned Addl. Munsiff & Judicial Magistrate, Karauli on 7-7-1978. It was alleged in the complaint that Mst. Bajrangi, wife of Kakodiya was sleeping alone in her house in the night intervening 24th and 25th June. 1978. Her husband and her father-in-law had gone to village Aduda. Kakodiya is the nephew of the complainant. The accused-petitioner along with one Sugania entered the house where Mst. Bajrangi was sleeping. The accused-petitioner committed sexual inter course on Mst. Bajrangi against her will. Hearing her cries the complainant Ghooriya and one Gheesa came to the spot. The accused-petitioner Kalji then ran away. It is further contended that the complainant approach the Police Station, Sapotra, but he did not get any response from the Police Station. On the other hand, Kalji, who is a peon of the Tehsildar there, lodged a report under sec. 107, Cr. P. C. and got the complainant arrested on 30-6-1978. After having been released the complainant filed this complaint on 7-7-1978 The complainant filed a list of witnesses on 10-7-1978. According to this list, there were eight prosecution witnesses.

(3.) ON behalf of the State, it was contended that the learned Magistrate has acted in conformity with the provisions of sec. 202, Cr. P. C, 1973, and that no interference is called for by invoking the extraordinary powers vested in this Court by virtue of sec. 482, Cr. P. C.