BROTHER FRANCIS UMOR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the A.P.P. Initially this application was filed for quashing of the order dated 16.1.2012 passed in Sessions Trial No. 33 of 2012 (Chakardharpur Rail P.S. Case No. 13 of 2011) whereby and whereunder, cognizance of the offence punishable under Section 367 of the Indian Penal Code and also under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been taken against the petitioner. Subsequently, by way of Interlocutory Application the order dated 24.7.2012, passed by learned Additional Judge-II, Chaibasa was sought to be quashed under which application filed under Section 227 of the Criminal Procedure Code for discharging him from the accusation was rejected.

(2.) It appears that one Subrato Das, the Informant while was travelling in Shalimar Express on 17.10.2011, saw this petitioner in company of three minor children who were being taken by this petitioner to Raipur, Chattisgarh. The manner in which this petitioner was behaving with those children, it was not liked by the co-passengers. The manner in which the petitioner was behaving with those boys and his gesture raised suspicion that those three boys are being taken somewhere after being kidnapped by this petitioner.

(3.) On such allegation, the case was registered as Chakardharpur Rail P.S. Case No. 13 of 2011 under Section 367 of the Indian Penal Code and also under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000.