Court No. - 43 Case :- APPLICATION U/S 482 No. - 24849 of 2010 Petitioner :- Arun Kumar @ Pintu And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Piyush Kant Vishwakarma Respondent Counsel :- Govt Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed with a prayer to quash the entire proceedings
of case no. 1208 of 2010, State Vs. Arun Kumar @ Pintu and others, arising
out of chargesheet no. 26 of 2010 in case crime no. 486 of 2009, under
Sections 363, 366 IPC, P.S. Sureri, District-Jaunpur, pending in the court of
Judicial Magistrate IInd, Jaunpur.
From the perusal of the record it appears that in the present case the
chargesheet has been submitted, the kidnapped girl has not been recovered.
The material collected by the I.O. is prima facie disclosing the commission of
the aforesaid offence. There is no illegality in submission of the chargesheet
and in taking the cognizance by the learned magistrate concerned. Therefore,
the prayer for quashing the proceedings of the above mentioned case is
refused.
However, considering the submission made by learned counsel for the
applicants that the applicants want to produce the alleged kidnapped girl Km.
Rani before the magistrate concerned within 20 days from today. The learned
magistrate concerned shall summon the police officer concerned and the
opposite party no. 2 Jag Narain Patel for her identification, thereafter she shall
be medically examined by C.M.O., Jaunpur, then the learned magistrate
concerned shall decide the issue of the custody. In case, the investigation
officer moves an application for recording the statement of the kidnapped girl
Km. Rani under Section 164 Cr.P.C. The learned magistrate concerned shall
pass the appropriate order in accordance with law, for 20 days, the non-
bailable warrant issued against the applicants shall be kept in abeyance,
With the above direction this application is finally disposed of.
Order Date :- 5.8.2010
Ashish Tripathi