MOHD MUSA SAMI Vs. STATE

JUDGEMENT

(1.) Shri Tashi Tsering resident of Gorkani Kargil on 26th April 2010, lodged a report with Police Division Housing -Colony Leh, alleging therein, that his daughter a student of Higher Secondary School, Leh was on 14th April kidnapped by one Mohd. Musa resident of Nobra Leh, with the intention to commit rape on the kidnapped girl, The report lead to registration of case FIR 47/2010 under Sections 366, 376, RPC at Police Station Leh. The kidnapped girl has been allegedly recovered from the custody of Mohd. Musa-Petitioner herein and restored to her parents. The statement of the victim under Section 164-A, Code of Criminal Procedure, stands recorded. The results of investigation have lead to addition of offence punishable under Section 376, RPC, to the list of offences alleged against the Petitioner-accused.

(2.) The Petitioner-accused through his uncle Shri Qurban Ali seeks exercise of inherent powers under Section 561A, Code of Criminal Procedure to quash the First Information Report and proceedings emanating from. The Petitioners case is that the alleged victim, of her own free will married the Petitioner-accused in accordance with law of the land. The Petitioner-accused claims that as the alleged victim who according to the Petitioner-accused is major has decided of her own to contract marriage with the Petitioner-accused and live with the Petitioner as his legally wedded wife, the report lodged by Shri Tashi Tsering and the First Information Report registered by Police, Station Leh on the basis of said report, is groundless and amounts to erroneous exercise of powers and jurisdiction, under the, Code of Criminal Procedure. The Petitioner insists that the FIR No. 47/2010 registered in Police Station Leh and the proceedings emanating there, from deserve to be quashed to secure ends of justice. The Petitioner-accused on the grounds urged in the petition and Cr. M.P. No. 123/2010 seeks bail pending disposal of the. petition under Section 561-A, Code of Criminal Procedure

(3.) Heard and considered.