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2021 Supreme(SC) 213

Vishwas Bhandari – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Viraj Kadam, Advocate, Ms. Soumya Dutta, Advocate and Mrs. Priyata Chakraborty, Advocate
For the Respondent:Mr. Ajaivir Singh, Advocate, Mr. Aabhas Kshetarpal, Advocate, Mr. Siddhartha Jha, Advocate, Mr. Gazab Singh Chauhan, Advocate and Ms. Jaspreet Gogia, Advocate

JUDGMENT :

Leave granted.

1. The challenge in the present appeal is to an order dated 16.10.2020 passed by the learned Single Bench of the High Court of Punjab and Haryana whereby the petition filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973[For short, the ‘Code’] was dismissed.

2. An FIR No. 31 dated 27.1.2013 was lodged by Rashmi Adhen, wife of Mohanjit Singh for the offences under Sections 363 and 366-A of the Indian Penal Code, 1860[For short, the ‘IPC’]. The allegations were that her eldest daughter, 17½ years of age, went out of her house on 23.1.2013 at about 12 noon in the absence of the complainant and her husband. It was averred that Vikram Roop Rai and the present appellant had kidnapped her daughter by alluring her for the purpose of marriage.

3. Upon completion of the investigation, a report under Section 173 Code was filed against Vikram Roop Rai. Furthermore, proceedings for declaring the appellant as proclaimed offender were also initiated.

4. In the proceedings before the Court, the complainant appeared and recorded her statement while restricting her allegations in respect of Vikram Roop Rai only. In the cross-examination, she inter-alia

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