AMAR SINGH CHAUHAN,J. - (1.) Heard learned counsel for the applicant, learned AGA and perused the material on record. None appears on behalf of the opposite party no. 2 even in the revised list.
(2.) The applicant, Smt. Fatma, through this application moved under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the orders dated 30.4.2011 passed by Additional Sessions Judge, Court No. IV, Bulandshahr in Criminal Revision No. 69 of 2011 (Vakil @ Illi v. State of U.P. and another) and 4.8.2012 passed by Additional Chief Judicial Magistrate, Court No. 2, Bulandshahr in Criminal Case No. 1029 of 2011 (State v. Vakil @ Illi) arising out of Case Crime No. 371 of 2008 under Sections 376, 452 and 328 IPC, P.S. Shikarpur, District Bulandshahr by which the case was dropped by accepting the final report.
(3.) Brief facts which are requisite to be stated for the adjudication of this application are that an FIR was lodged by the applicant, Smt. Fatma against the opposite party no. 2 with the allegation that when her minor daughter was at the house alone, the opposite party No. 2, Vakil @ Illi entered the house and gave poisonous biscuit to eat her and after taking that biscuit she became unconscious and in the stage of her unconsciousness, the opposite party no. 2 has committed the rape upon her. The case was registered being Case Crime No. 371 of 2008 under Sections 376, 452 and 328 IPC, P.S. Shikarpur, District Bulandshahr. The investigating officer after concluding the investigation submitted the final report against which protest petition was filed by the applicant which was accepted and final report was rejected. Consequently, the cognizance was also taken on 4.3.2009 against which the opposite party no. 2 filed criminal revision which was allowed and case was remanded with the direction that the learned ACJM after accepting the final report case be dropped and consigned to record. In pursuance of the direction given by the learned Additional Sessions Judge, the learned ACJM accepted the final report and closed the case against the opposite party no. 2.;