RAJNI KANT TIWARI Vs. STATE

JUDGEMENT

(1.) This petition seeks invoking of the inherent jurisdiction of this Court under Section 561-A of the Code of Criminal Procedure (for short the Code) for quashing First Information Report (FIR) No. 15/2012 dated 14.01.2012 under section 363 RPC of Police Station, Akhnoor. Heard. I have perused the record.

(2.) I may state, briefly, the facts emerging from the record produced by the petitioner, which are essential to dispose of this petition:

(3.) Petitioner and respondent No. 3 are husband and wife. They got married on 08.07.2003 and are blessed with a male child, Ruchir Tiwari. Their matrimonial life, however, remained disturbed inasmuch as respondent No. 3 had lodged an FIR under secs. 498-A, 323, 504, 506, 427 IPC read with Sec. 3/4 Dowry Prohibition Act against the petitioner and his family members at Police Station, Lanka, District, Varanasi (UP) which was registered as Crime No. 89/2009 dated 14.3.2009. However, at a later stage parties had arrived at a compromise. In April, 2011 petitioner, who is Major in Indian Army, was transferred to Akhnoor in J & K State. Respondent No. 3 along with their son joined the petitioner at Akhnoor. On 30.12.2011, petitioner filed application under section 100 of the Code in the court of learned Judicial Magistrate, 1st Class, Akhnoor. He alleged that on his return to Akhnoor after availing leave, he found his house locked from outside Whereabouts of his wife and son were not known. On breaking open the locks of the house, he found that gold items and cash were also missing. He came to know that his father-in-law with the help of some goons has forcibly removed his wife and child and has confined both of them in his house at Varanasi. Petitioner, therefore, sought issuance of search warrant under section 100 of the Code for their search and producing them before the court. Learned Judicial Magistrate after hearing petitioner's counsel, issued search warrant directing SHO, Police Station, Akhnoor to search the house of the father(Chander Dev Pandey) of respondent No. 3, situate at Plot No. 36/37, Madhav Market, Colony Lanka, Varanasi (UP) and produce the respondent No. 3 and child, Ruchir Tiwari, in the Court on 21.01.2012.