R.K. Dash, J. - (1.) In the instant petition filed under Article 226 of the Constitution, the petitioners have prayed for quashing of the F.I.R. in case Crime No. 23 of 2003 under section 363/366 Indian Penal Code, police station Bisanda, district Banda. It was however, dismissed as not pressed by the petitioners. On the question whether C.M.O. Banda committed contempt of the Court by issuing certificate of age in favour of Bhagwati, the girl who is alleged to have been kidnapped in violation of Court's order/direction, the case was kept pending for adjudication of the said question after giving due opportunity of hearing to the contemner as well as the State.
(2.) Mewalal, respondent No. 4 lodged report with the police that petitioner No. 1 and other kidnapped his minor daughter Bhagwati, aged 16 years. On such report, police registered case under section 363/366, Indian Penal Code By filing the present writ petition, the petitioners prayed to quash the F.I.R. and restrain the police to arrest them.
(3.) Their specific case is that at the relevant time Bhagwati being major, as certified by the Chief Medical Officer, Banda, married petitioner No. 1 on her own volition and in support thereof they filed the certificate issued by the said C.M.O. Annexure-3.;