BISHWANATH PAL, SON OF LATE LAKHAN PAL, CHANDRIKA PAL SON, OF BISHWANATH PAL AND SUBHAS PRASAD, SON OF BISHWANATH PAL Vs. STATE OF BIHAR AND OM PRAKASH TIWARY, SON OF LATE HARIPUJAN

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 2.2.2000 passed in Trial No. 1169 of 2000 arising out of Guthani P.S. Case No. 8 of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Sections 366A and 368 of the Indian Penal Code.

(2.) Short fact of the case is that Opp. Party No. 2 on 19.12.1997 filed a complaint in the court of learned Chief Judicial Magistrate, Siwan, which was numbered as Complaint Case No. 1152 of 1997. In the complaint petition, it was alleged that on 27.11.1997 in the morning at about 4.00 A.M., his daughter, Nitu Kumari, aged about 16 years left for attending call of nature, but she did not return. On enquiry, the complainant learnt that his co-villager Subhash Pal (petitioner No. 3) and Chandrika Pal (petitioner No. 2) both sons of petitioner No. 1 and three unknown persons had kidnapped his daughter and taken her away in a Maruti Car. It was disclosed that petitioner Nos. 2 and 3 were doing job in Surat and in the first week of November they had come to their house and in the night of 27.11.1997 they were seen roaming near the house of the complainant. The complainant stated that both the accused persons had illegally kidnapped her daughter. The complainant had also gone to Surat in search of his daughter, but he did not find either his daughter or two petitioners. On enquiry, petitioner No. 1, who is father of petitioner Nos. 2 and 3, had threatened the complainant for dire consequences. On the aforesaid allegation, the complaint was filed. Subsequently, the complaint was referred to the police under Section 156(3) of the Code of Criminal Procedure for its registration and investigation and, accordingly, F.I.R. vide Guthani P.S. Case No. 8 of 1998 was registered on 2.2.1998 for the offences under Sections 366A and 368 of the Indian Penal Code. While investigation was going on, the victim appeared before the Magistrate and thereafter it was directed to conduct an enquiry in respect of age of Nitu Kumari. In the meanwhile, the Police submitted chargesheet. Accordingly, the learned Magistrate after submission of the chargesheet abandoned the enquiry and took cognizance of offences under Sections 366A and 368 of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, all the petitioners approached this Court by filing the present petition. On 25.6.2001, while issuing notice to Opp.Party No. 2, this Court directed that in the meantime further proceeding in the court below in Guthani P.S. Case No. 8 of 1998, Tr. No. 1169 of 2000 against the petitioners shall remain stayed. Subsequently, on 24.7.2001 the case was admitted for hearing Despite service of notice, the informant/Opp.Party No. 2 did not appear and accordingly by order dated 24.07.2001 this Court admitted the present case for hearing and it was directed that till final disposal of the case, entire order of this Court dated 25.06.2001 will continue. The order of stay is still continuing.