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2006 Supreme(All) 2054

R.K.RASTOGI
MOHAN MAHALI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
M.K.TRIPATHI, MANISH TRIPATHI, T.N.TIVARI

( 1 ) PRESENT : Sri T. N. Tiwari, learned counsel for the applicants, learned a. G. A. for the State. Sri M. K. Tripathi and Sri Manish Tripathi have filed their memo of appearance on behalf of O. P. No. 2 but they have not appeared nor any counter-affidavit has been filed.

( 2 ) I have heard learned counsel for the applicants and learned A. G. A. for the State.

( 3 ) THE learned A. G. A. states that he has not received instructions in this case. I have perused the record. It appears that on 5/3/2005 a report was lodged by Shiv Mohan patel O. P. No. 2 against the applicants and their son Shanker Mahali under Sections 363/366, I. P. C. at Police Station, Lanka, varanasi for kidnapping of their minor daughter Anita aged about 15 years on 1/1/2005. It was further alleged that both the parties were neighbours and so informant was asking the abovenamed accused persons to return his daughter back and when, they did not do so, he lodged this report on 5-3-2005.

( 4 ) IT appears that after investigation a charge-sheet was submitted against the present accused applicants under Sections 363/366, I. P. C. and then this application under Section 482, Cr. P. C. has been moved for quashing of th








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