SHEOKAR ALI AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. Petition under Section 482 Criminal Procedure Code is preferred to quash FIR No.320/2009, pending investigation at Police Station Bhadra, District Hanumangarh.

(2.) In brief, facts of the case are that at the instance of Shri Niyamat Khan a criminal case was lodged at Police Station Bhadra against petitioner No.1, for the offences punishable under Sections 363 and 366 IPC. When the investigation was going on, Miss Asma @ Nagma daughter of Shri Niyamat Khan appeared before the court of learned Chief Judicial Magistrate, Nohar and got her statements recorded as per provisions of Section 164 Criminal Procedure Code recorded. The relevant portion of that reads as follows:-

(3.) It is also relevant to note that Shri Niyamat Khan also filed a Habeas Corpus Petition before this court wherein Miss Asma was produced before this court and her custody was given to her parents.