ABDUL HANNAN AND ANOTHER Vs. GHONASHYAM TALUKDAR

JUDGEMENT

(1.) This is an application under Sec. 482 Code of Criminal Procedure for quashing the proceeding in case No. 420 C/86 pending before the Court of the Judicial Magistrate, Barpeta.

(2.) This is the third time that this matter has come up before this Court. The opp. party filed a complaint petition against the present Petitioners under Sections 344/365/211/506/34 I.P.C. alleging that his minor daughter was kept wrongful confined by present Petitioners for the purpose of marrying her against her will by the Petitioner No. 1. At one stag, the learned trial Court issued Search Warrant for recovery of the girl and against that order this Court in Criminal Revision 138 of 1986 by an order dated 10.4.86 held that as the sole object was for securing the appearance of the girl Smti. Anurupa, a direction on said Smti. Anurupa to appear before the learned trial Court would be sufficient. With the above direction, the petition was disposed of. From the record, it appears that the learned trial Court on the complaint filed by the present opp. party instead of issuing process decided to make an enquiry under Sec. 202 Code of Criminal Procedure. This matter again came up before this Court and by an order dated 24.4.87 passed in Criminal Revision 1 of 1987, this Court directed that the learned Magistrate to continue the enquiry Under Sec. 202 Code of Criminal Procedure after setting aside the orders of the learned trial Court as well as learned Sessions Judge. The present petition has been filed as stated above for quashing the entire proceeding.

(3.) It is admitted at the Bar that the enquiry under section 202 Code of Criminal Procedure is still pending, so only point for consideration is whether at this stage the present Petitioners have any locus staudi to approach this Court for quashing the entire proceeding and whether this Court by exercising its inherent power can quash the said proceeding.