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2024 Supreme(All) 942

SIDDHARTHA VARMA, VINOD DIWAKAR
Rajesh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : D.N. Wali, Bhavya Sahai, D. Singhal, N.N. Wali, Neeraj Tomar, Om Singh Tomar, P.S. Pundir, Patanjali Mishra, R.N. Sharma, Sunil Vashistha.
For the Respondents: N.K. Verma, Brijesh Sahai, Dga, Keshav Sahai, Rishi Chadha.

JUDGMENT :

1. When the deceased Ajay Kumar who was a student of B.A. in the D.A.V. College had gone missing then an application for missing/first information report was lodged on 8.1.1980 with allegations that the first informant had given Rajesh Kumar, a friend of his nephew Ajay Kumar, Rs. 700/-for getting diesel which was in short supply then, on 6.1.1980 at around 5:00PM and when till 7.1.980 till around 11:00AM, Rajesh Kumar did not come with the diesel then he sent his nephew Ajay Kumar to him who thereafter went missing. It had further been stated in the application/first information report that despite extensive search Ajay Kumar had not been found. He states that even Rajesh Kumar also was not to be found. The first informant/applicant, therefore, prayed that Ajay Kumar, his nephew, be searched out.

2. This application/F.I.R., with regard to Ajay Kumar going missing, was entered in the Police Report at GD-25. The chick as was prepared of the first information report lodged was exhibited as Exhibit – Ka-8 and was written by the Head Moharrir Jagdish Sharan for offences under Section 364 IPC. On. 8.1.1980 investigation of the case was entrusted to the PW-10 Rajendra Pal Jain,

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