Court No. - 18 Case :- U/S 482/378/407 No. - 3528 of 2007 Petitioner :- Ram Sukh Respondent :- State Of U.P.& Anothers. Petitioner Counsel :- Anil K.Tripathi Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Counter affidavit filed on behalf of the State, in Court is taken on record.
No counter affidavit has been filed by opposite party no. 2 despite personal
service of notice.
Heard learned counsel for the petitioner, learned A.G.A. for the State and
perused the record.
The petitioner, by means of this petition filed under section 482 Cr.P.C. has
invoked the inherent powers of this Court with a prayer to quash the charge
sheet arising out of Case Crime No. 3 of 1999 under sections 363 and 366
I.P.C. Police Station-Kurebhar, District-Sultanpur as well as order dated
29.9.2007 issuing non bailable warrant proclamation under section 82 Cr.P.C.
and attachment under section 83 Cr.P.C. passed in Case No. 6678 of 2006
pending in the Court of Judicial Magistrate, Court No. 23, District-Sultanpur.
The submissions of the learned counsel for the petitioner are that an F.I.R.
(annexure no. 1) was lodged on 2.1.1999 by opposite party no. 2 with the
allegations that his younger sister Km. Anita Saxena aged about 17-18 years,
was enticed away and kidnapped by one Rajan Kanaujia on 22.11.1998. A
case under sections 363 and 366 I.P.C. was registered against him but the
police submitted charge sheet under the said sections against Rajan Kanaujia,
his mother and three other persons. A Criminal Misc. Case No. 91 of 1999
under section 482 Cr.P.C. was filed before this Court by Smt. Anita Saxena
with the averments that she was major and had gone with Rajan Kanaujia with
her free will and married with him, and this Court vide order dated 2.2.1999
directed C.J.M. Lucknow to record statement of the petitioner under section
164 Cr.P.C. and accordingly her statement was recorded wherein she has
supported the averments of her petition and the same was forwarded to C.J.M.
Sultanpur as per direction of this Court.
Said Rajan Kanaujia and others were tried in Sessions Trial No. 162 of 2004
on the basis of the charge sheet submitted against them and were acquitted
vide judgment and order dated 18.11.2004 passed by Additional Sessions
Judge, Court No. 6, Sultanpur. The police has also submitted a supplementary
charge sheet against the petitioner, who is the father of Rajan Kanaujia, under
sections 363 and 366 I.P.C. (Case No. 6678 of 2006) whereupon the
Magistrate has taken cognizance and issued non bailable warrant, and process
under section 82 and 83 Cr.P.C by the impugned order.
Further submission of the learned counsel is that there is no evidence against
the applicant on the basis of which any offence could prima facie be disclosed
against him. Moreover, said Anita in her examination before the trial court as
Court Witness No. 1, has stated on oath that she was aged about 20 years and
had gone on her own with Rajan Kanaujia and married with him and was not
enticed away or kidnapped by him.
Learned A.G.A. could not show any evidence against the petitioner which
could connect him with the alleged kidnapping of Anita Saxena.
In view of the above, I am satisfied that the prosecution of the applicant is
nothing but an abuse of the process of the Court and law and it is a fit case for
the exercise of the powers under section 482 Cr.P.C. to prevent the abuse of
the process of Court and to secure the ends of justice, the concerned
proceedings should be quashed.
Thus, the impugned order dated 29.9.2007 (Annexure no. 6 to the petition)
and the proceedings of Criminal Misc. Case No. 6678 of 2006 relating to Case
Crime No. 3 of 1999 under sections 363 and 366 I.P.C. Police Station-
Kurebhar, District-Sultanpur, pending in the Court of Judicial Magistrate,
Court No. 23, District-Sultanpur are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 13.7.2010
Rizvi