BHOLA SINGH @ SHIVAM CHAUDHARY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner has moved this criminal writ petition for issuing a writ in the nature of certiorari quashing the first information report dated 18.12.2012, registered as Case Crime No. 412 of 2012 under Sections 376, 366A, 368 and 506 IPC, P.S. Kotwali Dehradun, District Dehradun. A missing report was lodged by father of the victim against unknown person on 18.12.2012 in reporting outpost Dhara, PS Kotwali, which was registered as case crime No. 412 of 2012, as regards offences punishable under Sections 376, 366A, 368 and 506 IPC. It was alleged in the missing report that informant's daughter, aged 14 years, went to school on 18.12.2012 at 11:30 a.m. but did not return home. Criminal law was set into motion on the basis of the said first information report.

(2.) LEARNED counsel representing the State submitted that missing girl Darshita Kukreja was recovered in the house of Sunder Singh in village Achour in District Sambhal, where she was wrongfully confined. Sunder Singh is the father of present petitioner Bhola Singh alias Shivam Chaudhary.

(3.) HAVING heard learned counsel for the parties and after perusal of the papers on record, this Court is not inclined to issue a writ for quashing the impugned first information report. It is not a fit case, in which the writ court should exercise its jurisdiction under article 226 of the Constitution of India. Therefore, the criminal writ petition is dismissed summarily.