MD. AMINUDDIN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the criminal proceeding forming the subject matter of Shashtri Nagar P.S. Case No. 518 of 2009 instituted for offences punishable under Section 366A read with Section 34 of the Indian Penal Code (for short 'the IPC).

(2.) It is contended that one Shohail Rais had filed a report alleging that the petitioner had kidnapped his sister with the aid and assistance of his parents. On the basis of the First Information Report, investigation took place and eventually it had given rise to G.R. No. 6545 of 2009 which is pending in the court of the Chief Judicial Magistrate, Patna.

(3.) It is put forth by the learned counsel for the petitioner that the First Information Report and the material on record would clearly reveal that 'Nikah has been performed between the petitioner and the sister of the informant. It is alleged that the parents of the petitioner had approached this Court in Cr. Misc. No. 45693 of 2009 and this Court appreciating the factual matrix in the affidavit sworn by the informant has quashed the criminal proceeding.