ALI MOHAMMAD GUJAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner has challenged FIR No.61/20017 for offence under Sec. 363 RPC registered with Police Station, Tral.

(2.) Before coming to the grounds urged in the petition, it would be appropriate to notice the allegations made in the impugned FIR. As per the FIR, on 28/8/2017, one Mst. Zooni lodged a written report with Superintendent of Police, Awantipora. In the said report, it was alleged that the daughter of the complainant, who is aged about 17 years, about one month back had gone to attend her classes at Higher Secondary School, Tral, but she did not return. A missing report in this regard was lodged but the girl could not be traced. The complainant went on to allege that now she has come to know that the petitioner/accused has kidnapped her daughter.

(3.) On the basis of these allegations, the impugned FIR came to be registered and investigation of the case was set into motion. However, vide order dtd. 25/9/2017 passed by this Court, the investigation in the impugned FIR was stayed. The aforesaid order came to be modified by this Court vide order dtd. 21/9/2021 and the Investigating Officer was given liberty to get the statement of the alleged victim girl recorded Sec. 164 Cr. P. C before the concerned Magistrate. Pursuant to the aforesaid direction, statement of the alleged victim has been recorded before the Magistrate and a copy thereof has been placed on record by the official respondents.