Arun Chandra Upadhyay, J.

1. By this application under Section 482 of Criminal Procedure Code, 1973, the complainant/petitioner has challenged the order dated 20.12.2011 (passed by learned Sub-Divisional Judicial Magistrate(S) No. 2, Kamrup at Guwahati, in C.R. Case No. 2306/2009, whereby the prayer of the petitioner to frame charge against the accused/respondents, was rejected under Section 377 of the IPC. I have heard Mr. A.K. Buhyan, learned counsel for the petitioner and Mr. A.M. Bora, learned counsel representing the private Respondent No. 3 as well as Mr. B.B. Gogoi, learned Addl. PP for the State.

2. The facts leading to filing this petition, in brief, may be stated as follows:

The petitioner as complainant, instituted a complaint case against the accused respondent in the Court of learned Chief Judicial Magistrate, Guwahati alleging inter alia that in pursuance of FIR lodged by the complainant/petitioner before the Officer-in-Charge, Bharalumukh police station on 12.3.08, regarding missing of his minor daughter, police made a GD Entry No. 505 dated 13.3.08, and launched investigation. During the course of investigation, police brought two minor victim girls to the poli