Being aggrieved, Balraj, respondent No.2 and others preferred an appeal before the High Court of Allahabad which was admitted and the respondent No.2 and other companyvicts were granted bail by the High Court.
Balraj, respondent No.2 realised that he had been wrongly enroped and companyvicted in the offence by the petitioner.
After investigating the case, chargesheet was filed against the petitioner and others under Sections 177, 181, 182 and 195 IPC on 23.11.2009.
Thus, he filed an FIR on 29.8.2009 under Sections 177, 181, 182, 195 and 420 IPC.
The petitioner filed an application under Section 239 Cr.
P.C. The Chief Judicial Magistrate rejected the said application vide order dated 3.9.2011.
The petitioner challenged the said order dated 3.9.2011 by filing a criminal revision before the High Court which has been dismissed vide impugned order dated 14.11.2011.
P.C. before the Chief Judicial Magistrate companytending that the FIR at the behest of the respondent No.2, Balraj was number maintainable in view of the provisions of Section 195 read with Section 340 Cr.
Hence, this petition.
The petitioners son for whose kidnapping Balraj, respondent No.2 and others had been companyvicted, came back home and disclosed to the public as well as to the police that he had number been kidnapped rather had voluntarily gone to Punjab, where he worked for several years.
The investigating agency companycluded the investigation and filed a chargesheet on the basis of which trial companymenced against the respondents Balraj etc.
Dr. B.S. CHAUHAN, J. This petition has been filed against the judgment and order dated 14.11.2011 passed by the High Court of Judicature at Allahabad in Criminal Revision No.4259 of 2011 by which the High Court has rejected the said revision petition against the impugned order dated 3.9.2011 passed by the Chief Judicial Magistrate, Bagpat, rejecting the application under Section 239 of the Code of Criminal Procedure, 1973 hereinafter called Cr.
P.C. Facts and circumstances giving rise to this petition are that present petitioner Ram Dhan lodged an FIR dated 4.6.1995 alleging that his son Dinesh had disappeared and, subsequently, filed a companyplaint against Balraj alias Billu and others respondents under Section 364 of the Indian Penal Code, 1860 hereinafter called IPC .
