NAUSHAD ALI @ NISHU Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed for quashing order dated 13.8.2012 passed by learned Judicial Magistrate 1st Class, (1), Sundernagar in bail application No. 15-XXII/2012 State of H.P. vs. Naushad Ali alias Nishu for handing over the custody of the petitioner to his parents or to Juvenile Justice Board and a direction to investigate the matter in accordance with the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'Act').

(2.) The facts in brief as per petitioner are that petitioner was born in village Arki, District Solan on 11.8.1994. The petitioner studied in Government Elementary School, Raj Nagar, Nangal upto 5th class. On 3.3.2012 FIR No. 27 under Sections 363, 366 IPC was registered against the petitioner at Police Station, Sundernagar and subsequently Section 376 IPC was also added. It has been alleged that petitioner has kidnapped minor daughter of Shashi Mohamed. The petitioner and daughter of Shashi Mohamed subsequently got married. The petitioner and prosecutrix filed petition No. Cr.M.M. No. 7630 of 2012 under Section 482 Cr.P.C. before the Punjab and Haryana High Court for protection of life and liberty which was subsequently dismissed as withdrawn as they no more required police protection.

(3.) The petitioner was arrested on 8.8.2012 from Nangal. The petitioner and prosecutrix in the case filed by them has shown their age as 21 years. It has been stated that at the time of arrest, the investigating officer was told by the petitioner that petitioner and prosecutrix were minors, but the investigating officer arrested the petitioner like the ordinary accused without taking into consideration the Act.