- (1.) The petitioners have come up with a prayer to quash the First Information Report dated 24-1-2002 giving rise to registration of Case Crime No. 53 of 2002, P. S. Kotwali Mau, District Mau, under Sections 363/366/506, I.P.C. (as contained in Annexure 1) by granting a writ of certiorari. Their second prayer is to command the Police not to arrest them in relation to Criminal Case aforementioned. Their last prayer is to issue any other writ, order or direction of suitable nature which may be deemed fit and proper.
(2.) A perusal of the impugned First Information Report shows, inter alia, that respondent No. 3 herein Jafrul Hasan lodged a written report on 24-1-2002 to the effect that her daughter Kumari Rumi Parveen, who is a student of IInd year B.A. of Degree College Talimuddin Niswa, Mau in the morning of 10th January, 2002 had gone out for her studies along with her friends Nasreen and Pinki but she did not return back to home after closure of the school and then an enquiry was made on which it transpired that while returning from the School, petitioner No. 1 herein Shamsher Alam alias Sheru son of Ziyaul Hasan, Ansar Ahmad Son of Hafiz, Ikramul Son of Mohd. Mustafa alias Lali all residents of Mohalla Pathan Tola and petitioner No. 2 herein Mohd. Sahid son of Mushtaq Ahmad resident of Bans Ki Masjid had enticed and kidnapped her away on a Tata Sumo vehicle; that in the act of kidnapping of his daughter, Ikramul and Mohd. Sahid had also associated, and thus the request for registration of a First Information Report and taking steps for safe recovery of his daughter.
(3.) The petitioners assert, inter alia, that the entire case set up is absolutely false and concocted, as a matter of fact Rumi Parveen, who was born on 7-7-1980 meaning thereby is 22 years of age, was major, who of her own accord and free will without any pressure or threat, married petitioner No. 1 under Muslims rites and customs, a true copy of their Nikahnama dated 14-1-2002 is appended as Annexure 2; after the marriage, the couple came up to Mau; respondent No. 3, after having come to know of the Nikah felt annoyed as it was solemnized against his wishes; on account of intervention of some respectable persons and relatives of the petitioners, the matter was pacified and respondent No. 3 accepted her marriage, however, on 24th January 2002, respondent No. 3 at the behest of the persons, who are inimical to the petitioners, approached the Police; no offence has been made out by the petitioners, who are illegally tried to be arrested by the Police without collecting any evidence and thus the petitioners are seriously prejudiced. The affidavit attached with this writ petition has been sworn by Rumi Parveen.;