GUMAN MAL LODHA,J. - (1.) THIS petition under Section 482 Cr. PC is directed against the order of Munsif and Judicial Magistrate Neem ka Thana dated 27 -9 -1984 taking cognizance and issuing non bailable warrants against the applicants for the offence under Section 363, 494 and 498 IPC.
(2.) SMT . Lali, Mahavir, Hardan, Laduram, Gyarsya, Jailaram, Ramji Lal and Kundan, all accused petitioners are being prosecuted for the above offences under Section 363, 494 and 498, IPC. On 12 -3 -1984 non -applicant Surja filed a complaint under Section 363, 365, 366, 476 and 484 and 498 IPC against applicants No. 2 to 7 and Umarao Ramswaroop and Budharam in the court of the Munsif and Judicial Magistrate Neem ka Thana. This complaint was sent for investigation to the SHO Police Station Patan under Section 156(3) Cr. PC. The police Patan registered First Information Report, but in the mean time at the instance of the complainant S.P , Sikar deputed S.I. Shri Amar Singh of crime branch, for investigation in the matter. Complainant approached to the Home Minister and the matter was handed over to the Circle Officer (Dy. SP Sikar) for investigation who after recording the statement of the witnesses, medical examination of applicant No. 1 Mst. Geeta by the Medical Board and getting her statement recorded before the Munsif and Judicial Magistrate, Sikar, under Section 164 Cr. PC came to the conclusion that Smt. Geeta was major, she came to her father's house of her own accord and from the report of Medical Board it was found that no sexual intercourse was committed with her. She is major and wants to live with her father.
(3.) FIR was therefore given before the Judicial Magistrate, Neem -ka -Thana. However the non -applicant No. 2 Khyali filed another protest complaint for the same offence and on the same facts against the same persons including the applicant No. 1 as an additional accused in the court of Munsif Magistrate Neem -ka -Thana. The complainant was examined and there after even though it was established that no case is made out against the accused persons, but the case was registered as mentioned above.;