SURENDRA SINGH,J. - (1.) THE applicants by way of filing this application under Section 482 Cr.P.C. have sought to quash the charges framed by II Additional Sessions Judge, Jalaun at Orai in S.T. No.44 of 2009 ( State Versus Narain Singh) vide order dated 5.5.2009.
(2.) BRIEFLY put, the facts may be summarised as follows; On 28.2.1987 one Lakhan Lal Singh lodged report against the applicants and one Jaswant Singh (died) at Police Station Kotwali, Orai, District Jalaun under Sections 364 and 376 I.P.C. vide Case Crime No. Nil of 1987 pertaining to the incident alleged to have taken place on 28.2.1987 at 8.00 P.M. It appears that said F.I.R. was sent by the police of the Police Station Orai to Police Station Jalaun, District Jalaun for the reasons that the alleged incident was committed within the territorial jurisdiction of Police Station Jalaun where the F.I.R. was registered as Case Crime No.75 of 1987. The police during the course of investigation had recorded the statement of Prabhu Basore, brother of the prosecutrix Smt. Tulsa Devi, Ram Das and Ghanshyam Chamar on 1.3.1987 while statement of Radhey Lal was recorded on 6.3.1987, in addition statement of eye-witness Raj Bahadur Singh was recorded on 29.3.1987 and on 9.4.1987. Statements of Lakhan Lal (informant) and Smt. Tulsa Devi were also recorded.
(3.) THE police after usual investigation submitted Final Report No.9 of 1987 dated 9.4.1987 in the court of concerned Magistrate on the ground that F.I.R. lodged by the opposite party no.2 was manifestly attended with malafides and the prosecution against the applicants was instituted maliciously.;