Single-judge oral order quashing an order of cognizance. In this abduction and marriage fraud case, the victim testified to a voluntary marriage and child existence, leading the court to set aside the impugned cognizance order.
Order of cognizance dated 31.10.2013 passed by the Chief Judicial Magistrate is hereby set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7751 of 2014
Arising Out of PS.Case No. -146 Year- 2012 Thana -SIKTI District- ARRARIA
====================================================== 1. Taiyab @ Hari @ Md. Taiyab, S/O Poshan Ali, 2. Taslim @ Md. Taslim, S/O Bahar Ali, 3. Maniruddin @ Md. Maniruddin, S/O Poshan Ali, 4. Salman, S/O Taiyab, all resident of village- Dharmabari, Dhapari, P.S.Palasi, District- Araria 5. Md. Tahir Hussain, S/O Faidula, resident of village- Gadahkatta, P.S.Sikty, District- Araria .... .... Petitioner/s Versus 1. The State of Bihar, 2. Md. Shakil, S/O Late Salimuddin, resident of village- Salgudi, P.S.Sikty, District- Araria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar-I, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
3/ 17-10-2014 The Petitioners seek quashing of the order of cognizance dated 31.10.2013 passed in Sikty P.S. Case No.146 of 2012/G.R.No.2574 of 2012 by the Chief Judicial Magistrate, Araria.
The case of the Informant was that his wife had been kidnapped by the accused persons and kept in their custody for about six months.
It has been submitted on behalf of that Petitioners that fact of the matter is that Petitioner No.4 had married the victim since she was an adult and hence, no offence is made out.
On the last occasion, notice had been issued to the
Patna High Court Cr.Misc. No.7751 of 2014 (3) dt.17-10-2014
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Opposite Party No.2, but none appears on his behalf in spite of service of notice.
The victim girl had appeared personally before this Court and submitted that she had married the Petitioner No.4 out of her own sweet will and she has also a child.
Considering the aforesaid circumstances, order of cognizance dated 31.10.2013 passed in Sikty P.S. Case No.146 of 2012/G.R.No.2574 of 2012 by the Chief Judicial Magistrate,
Araria, is hereby set aside.
The application stands allowed.
(Anjana Prakash, J)
JA/-
U T
2 issues framed by the court
Whether to quash the order of cognizance in a case alleging kidnapping and marriage fraud.
Whether the marriage between the petitioner and the victim vitiates the offence of abduction.
Taiyab @ Hari @ Md. Taiyab and others
The State of Bihar
Md. Shakil
Smt. Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
