Shree Chandrashekhar, J. - (1.) The petitioner seeks quashing of the entire criminal proceeding arising out of Ahtu (Basia) P.S. Case No. 49 of 2016 corresponding to G.R. No. 937 of 2016 which has been registered for the offence under section 363(A), 365, 367, 370, 370(A), 371, 372, 376, 120(B) IPC, section 4/6 POCSO Act, section 6(2)/6(2)a of Anti Human Trafficking Act, section 75/77/79 of J.J. Act, section 25/26 of Inter State Migrant Workmen Act and section 16/18 of Bonded Labour System (Abolition) Act. The petitioner is also aggrieved of the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued against her.
(2.) The learned counsel for the petitioner submits that the petitioner is a pardanashin lady and she has been implicated in a false criminal case only on the allegation that she was sitting in the car with Tabrej Khan. It is further submitted that the orders by which processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued against the petitioner are non-speaking orders.
(3.) Before facts of the case are recorded, it needs to be indicated that the petitioner who is a named accused has not disclosed her source of knowledge and since when she came to know about issuance of non-bailable warrant of arrest and the processes issued against her. The narration of events as disclosed in Complaint Case No. 161 of 2016 on the basis of which by an order of the Magistrate, Ahtu (Basia) P.S. Case No. 49 of 2016 has been lodged on 23.09.2016 gives a vivid description how rape was committed upon the complainant. There is allegation against the petitioner and others of running a Placement Agency. It appears that only after other accused persons including Tabrej Khan were acquitted in G.R. No. 937 of 2016 the petitioner saw some ray of hope and that is why she has now approached this Court. Not only this quash-petition on behalf of an absconder is not maintainable, the petitioner who has approached this Court about 1 year after the processes under section 82 Cr.P.C and section 83 Cr.P.C have been issued against her is not entitled for any discretionary relief in a proceeding under section 482 Cr.P.C.;