- (1.) The applicants have preferred this application under Section 482 of the Code of Criminal Procedure (in short 'the Code') for invocation of inherent jurisdiction of this Court for quashment of the order dated 21.11.2012 passed by the C.J.M., Sonbhadra in Misc. Case No. 71 of 2012 arising out of Case Crime No. 244 of 2012 under Sections 363, 366 I.P.C., Police Station-Pannuganj, District -Sonbhadra whereby the applicant no. 1 was directed to be lodged in Rajkiya Sanrakshan Griha (Mahila), Varanasi.
(2.) The facts of the case in brief necessary for the disposal of the controversy involved herein are that on 11.4.2012, the father of the applicant no. 1 lodged F.I.R. alleging therein that his minor daughter Renu Keshri, aged about 15 years, had left the house on 10.4.2012 for appearing in Intermediate Board Examination, but she did not return. He suspected that the applicant no. 2 might have enticed away his daughter.
(3.) It would appear that the applicants preferred Criminal Misc. Writ Petition No. 5571 of 2012 in the this Court in which the Division Bench on 17.8.2012 passed the following order:- ".....5. Petitioners may appear before the CJM, Sonebhadra by 7th September, 2012. The CJM will record the statement of petitioner no. 1 in Crl. Misc. WP No. 5571 of 2012 and ascertain her age by medical examination or by other evidence. Thereafter appropriate order may be passed under section 98 of the CrPC. 6. Till the CJM passes appropriate order regarding petitioner no. 1 under section 98 of the CrPC, the other petitioner will not be arrested in the aforesaid crime number. Considering the order passed under section 98, CrPC, it will be open for the CJM to pass appropriate order for other petitioners or for the investigating officer to proceed in the matter. 7. Needless to add that in case petitioner no. 1 is major and does not support the prosecution story then the other petitioners will not be arrested. It is clarified that in case the petitioners do not appear before the CJM by the date fixed, the order restraining the arrest of the petitioners will be deemed to have been vacated. ";