Arijit Pasayat, J. - (1.) LEAVE granted. Challenge in this appeal is to the judgment of a Division Bench of Allahabad High Court dismissing the application filed by the Appellant for exercise of power Under Section of the Code of Criminal Procedure, 1973 (in short 'the Code') and Article of the Constitution of India, 1950 (in short the 'Constitution). The prayer in the writ petition was to quash the proceedings initiated on the basis of FIR Crime No. 316 of 2007, P.S. Phoolpur, Allahabad. It was submitted before the High Court that the FIR did not disclose any offence so far as the Appellant is concerned. It was pointed out that the Appellant was the sister of the accused No. 1 Afzal who was alleged to have committed the offence of kidnapping etc. The High Court dismissed the application holding that on reading on the FIR, cognizable offence is made out.
(2.) IN support of the appeal Learned Counsel for the Appellant submitted that the only reference made to the Appellant in the FIR reads as follows: Questioning from the sister of the boy, Smt. Reshma Bano, might be advantageous. This does not indicate commission of any offence rather puts the Appellant in the position of a witness. Even if it is conceded for the sake of arguments but not admitted that commission of any cognizable offence is made out against others, so far as the Appellant is concerned, there is not even a scarp of material and not even allegation of overt act.
(3.) THERE is no appearance on behalf of the Respondent in spite of service of notice.;