NIKHIL SYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Nikhil Syal petitioner has filed the present petition under Section 482 Cr.P.C. for the quashment of F.I.R. No. 246 dated 6.10.1998 under Sections 363/366/279/427 read with Section 34 I.P.C. registered in Police Station Kotwali Bhatinda.

(2.) THE case was registered on the statement of Shri Ajay Pal father of Ms. Bunny Bedi, who levelled allegations against the petitioner and his companion that on 5.10.1998 he went to Bhatinda along with his wife and daughter to see his brother-in-law Shri Ranjit Singh resident of Model Town, Bhatinda. On 6.10.1998 at about 8.00/8.30 p.m. he along with his brother-in-law and daughter Ms. Bunny went to Bhagu road to get some documents xeroxed. He and his brother-in-law went inside the shop to get the photo copy done but his daughter Bunny kept on standing outside the shop. Soon a blue Opel Astra car stopped and the petitioner came out from the back seat of the car and forced his daughter Bunny into the back seat of the car. His daughter and his brother-in-law shouted and in no time the second boy who on the driving seat of the car fled away. The second boy can be recognised on producing before him. On the above allegations the case was registered and during the course of investigation Ms. Bunny also made a statement under Section 164 Cr.P.C. in which she has levelled certain allegations against the petitioner and his companion Raghav Awasthy, who was found driving the car.

(3.) THE allegations of the prosecution are further that when the police was informed about the alleged kidnapping, the police party in order to rescue the girl chased the car and in that process the driver of the car hit the vehicle against a tree and further he by rash and negligent driving tried to endanger the safety of the persons. In these circumstances, the offence under Sections 279 and 427 IPC cannot be quashed.