- (1.) This Criminal Revision Petition has been filed against the order dated 14/09/2011 passed by Additional Session Judge (Fast Track) No.2, Bharatpur in Session Case No.64/2010, whereby cognizance has been taken against the present petitioners for the offences under Sections 363, 366 and 354 IPC.
(2.) The short facts of the case are that complainant, Sunheri Lal submitted a written report at Police Station Chiksana, District Bharatpur on 11/02/2010. After lodging of the FIR, prosecutrix, Preeti has been recovered from Agra Railway Station and she was produced before the concerned Magistrate. She herself has declined to be medically examined. Her statement under Section 161 CrPC has been recorded, where she has not impleaded anybody and more particularly not impleaded the present petitioners. Thereafter, her statement under Section 164 CrPC has been recorded. After investigation, Police filed a negative report in favour of present petitioners. During trial, application under Section 319 CrPC has been filed for taking cognizance against the present petitioners and the Court below has taken cognizance against the present petitioners, which is bad in law.
(3.) Contention of the present petitioners is that in statement recorded under Section 161 CrPC, name of the present petitioners has not been mentioned. At the time of recovery, Preeti has not stated anything against the present petitioners. She has declined to be medically examined. Thereafter a false, fabricated and baseless story to implead the present petitioners have been created and Court below has taken the cognizance in a mechanical manner, without appreciating the evidence. His further contention is that there is an established enmity between the parties and this fact has not been considered by the Court below. His further contention is that witnesses have also not stated anything against the present petitioners in their statements recorded under Section 161 CrPC, hence, cognizance be quashed.;