Penal Code, 1860–Secs. 365, 364 & 120-B–Cognizance for the offence–Petition for quashing One R was found missing–Allegations against petitioners that they abducted and killed him–No iota of evidence–Mere circumstance of last seen which was found contradicted by the statements witnesses–Delayed FIR–R is missing since 04.09.1992–No whereabout is heard–No possibility of recording conviction–Only statements of accused before police during the interrogation cannot be held admissible in evidence–Held, order of taking cognizance is liable to be set aside.
