Dismissed a writ petition for quashing an FIR under Section 366A IPC alleging kidnapping. Held that at this stage it is for police to investigate; if victim is major and married with consent, police may file final report.
Writ petition dismissed to avoid premature interference in police investigation against unknown.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 256 of 2012
====================================================== 1. Nisha @ Nisha Kumari, W/O Chandan Kumar, R/O Vill. - Imamganj, P.S. - Chapra Town, Distt. - Saran .... .... Petitioner/s Versus
====================================================== Appearance : For the Petitioner/s : Mr. Radha Krishna Singh, Advocate For the Respondent/s : Mr. Rajesh Kumar Gp8
====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
This is a petition for quashing the First Information Report of Chapra Town P.S. Case No. 34 of 2012 lodged by the father of the petitioner as informant.
It has been alleged that petitioner aged about 15 years went to the college but did not return to her house and on hectic search, it came to light that she has been kidnapped and on the basis of the written report First Information Report has been lodged under Section 366A of the Indian Penal Code against unknown.
Learned counsel for the petitioner submits that the petitioner Nisha @ Nisha Kumari is more than 19 years and has married Chandan Kumar out of her own sweet will but the
Patna High Court Cr. WJC No.256 of 2012 (5) dt.13-10-2014
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father has lodged the First Information Report alleging that his 15 years old daughter Nisha @ Nisha Kumari has been kidnapped while she went to the college. The First Information Report is against unknown. Hence, it is the domain of the police to investigate that the First Information Report makes out a cognizable offence.
However, if the police during investigation finds the victim major and having married with consent may file final form but it is not proper at this stage to interfere with police investigation.
However, it is not proper for this Court to go into the aforesaid question. If the petitioner approaches and files document for her age and consent, the Investigating Officer or the Superintendent of Police, Sarant at Chapra shall consider the same and get the petitioner examined under Section 164 Cr.P.C. before the Magistrate.
With the observation aforesaid, the writ petition is dismissed.
(Gopal Prasad, J)
Kundan/-
U T
2 issues framed by the court
Whether the High Court can quash the FIR at this stage before police investigation.
Whether the petition can be dismissed if the petitioner files documents proving age and consent.
Nisha @ Nisha Kumari
The State of Bihar
The District Magistrate-Cum-Collector, Saran
The Superintendent of Police, Distt. - Saran
Sunil Kumar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
