H.C.MISHRA, J. - (1.) HEARD learned counsel for the petitioner and learned A.P.P. for the Prosecution.
(2.) THE petitioner is aggrieved by the order dated 8.8.2012 passed by Sri S. N. Singh, learned Judicial Magistrate, 1st class, Lohardaga, in G.R Case No.277 of 2007, whereby, the application filed by the petitioner for being discharged under Section 239 of the Cr.P.C., has been rejected by the Court below. The petitioner has been made accused in Kuru P.S Case No. 73 of 2007 corresponding to G.R Case No. 277 of 2007 for the alleged offences under Sections 363, 365, 468 and 201 of the Indian Penal Code. The case was instituted against the named accused persons for taking away the minor girls to Delhi, who were later rescued. Initially, the petitioner was not made accused in this case. The petitioner is a legal practitioner, practicing in the Lohardaga Courts and he has been made accused in this case subsequently, alleging that when the minor girls were brought back from Delhi, they were brought to the petitioner by the accused persons and it is alleged that affidavits were prepared, stating that the victim girls had not been kidnapped, rather they had gone to Delhi for working on their own and with the consent of their parents. The petitioner being an advocate had put his signatures as an identifier of the girls swearing the affidavits.
(3.) SUBSEQUENTLY , the statements of the girls and the witnesses were recorded by the police wherein they stated that when the girls were brought back from Delhi, they were brought directly to the petitioner, who is an advocate, where the brother and the husband of the lady accused (who are also named accused persons in the case), were present, and they allured the victim girls to put their signatures on the papers, and thereafter they would be paid their money. Their signatures were taken but they were not paid by the other accused persons.;