- (1.) V. K. Chaturvedi, J. Irfan, Rukhsana Begum, Mastana and Hashim have filed the above case for quashing of the proceedings of Criminal Case No. 500 of 2001, State v. Irfan and others, under Sections 363, 366, IPC arising out of crime No. 267 of 2000. pending before the Chief Judicial Magistrate, Mau.
(2.) HEARD Mr. M. A. Siddiqui for the applicants, Mr. R. P. Pandey, learned Counsel for the complainant and learned A. G. A. The case relates to Kidnapping of Km. Neeta Gupta alias Neera Gupta alias Nagma (aged about 15 years according to the F. I. R.) charge-sheet has been filed which is Annexure-5 and the applicants have been summoned. Opposite Party No. 2 Rama Shanker Gupta lodged a F. I. R. (Annexure-3) at police station Moradabad on 15-6-2000 under Sections 363, 366, IPC as crime No. 267 of 2000 against the applicants, with the allegations that Applicant No. 1 Irfan used to come to this house. In the night of 11-6-2002 his daughter Neera Gupta aged about 15 years, "bahla Fuslakar" has been taken away by Irfan, Rukhsana Begum, Mastana and Hashim. This was told to him by Awadhesh, Bhulai, Isai and Jagannath. Then he lodged the report on 15-6-2000 after four days.
(3.) AFTER recording statement of the informant Rama Shanker Gupta, Jagannath, Bhulai and Awadhesh, the Investigating Officer submitted charge sheet against the applicants under Sections 363, 366, IPC. It is contended by the Counsel for the applicants that Km. Neera Gupta is major and has married with Applicant No. 1 Irfan of her own volition and on 20-3-2001 she has given birth to a male child and both are happily living as husband and wife. It is next contended that parents and relatives of Neera Gupta are after them.;