SHANKAR NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Criminal Procedure Code has been filed by the petitioners, Shankar Nath and Smt. Maya Devi with a prayer to quash FIR No. 73/95, registered at Police Station, Sapotara, under section 366 Indian Penal Code.

(2.) Normally this court is reluctant to exercise extra-ordinary power under Section 482 Cr. P.C at the state of investigation as this Court is aware that investigation of an offence is the field exclusively reserved for the Police, the superintendence over which vests in the State Government but there are some salient facts in the case necessitating to exercise inherent powers under Sec. 482 Criminal Procedure Code.

(3.) The petitioner, Maya Devi, is an adult woman. She has stated her age as 20 years before this Court, while the informant Sampat gave her age as 22 years. Crime No. 73/95, under Sec. 366, Indian Panel Code was registered at Police Station, Sapotara on the report of one Sampat Sb Durjan, the husband of Smt. Maya. In the report he complained that his wife Smt. Maya was abducted by Shankar Nath and she had gone with him wearing silver and gold ornaments. The investigation is still pending and the statement of Smt. Maya Devi under Sec. 164 Criminal Procedure Code could not be recorded for one reason or the other. In the petition before this Court the petitioners have alleged that the petitioner Maya Devi had appeared before the Magistrate to give her statement, but the same was not recorded on the application of the informant. Thereafter, she was allowed to go to village Piplai with petitioner Shankar Nath under police protection. However, the informant Sampat with his associates who were armed with weapons, tried to take away forcibly Smt. Maya Devi, but, on account of Police Protection they could not succeed and a complaint was filed by the petitioner to the S.D.M. which was sent for investigation to Police Station, Bamanwas. After investigation the police submitted a complaint under section 107/116 (3) Criminal Procedure Code against Sampat informant and 7 other persons to bound down for maintaining peace and the magistrate has taken cognizances on the said complaint.