- (1.) By means of this petition under Section 482 Code of Criminal Procedure (hereinafter referred to as the 'Cr.P.C.') petitioners Tahir Khan, Nasim Khan, Wahid Khan and Laddan Khan have prayed for quashing the proceedings of Criminal Case No. 11 of 2009 arising out of Crime No. 739 of 2008 under Section 342 I.P.C., P.S. Mohammadi, District- Kheri pending in the Court Judicial Magistrate, Mohammadi, District- Kheir along with order dated 09.01.2009 passed by learned Judicial Magistrate, Mohammadi in Case No. 11 of 2009 whereby final report submitted by the police in this case was rejected and cognizance has been taken against the accused-petitioners.
(2.) The brief facts for deciding this petition are that an F.I.R. has been lodged by opposite party no. 2-Sattar Khan on 10.07.2008 alleging therein that his son Mobin was missing since last 20-22 days. On 03.07.2008 he came to know that his son Mobin has been illegally detained by the petitioners and was seen by Ali Khan and Nasim in the company of the petitioners. The opposite party no. 2. the informant, was not permitted by the petitioners to meet with Mobin. It was also alleged that Mobin was in employment in establishment of petitioner no. 1-Tahir Khan and some amount of salary was due. The O.P. No.2 suspect misbehavior by accused persons with Mobin.
(3.) This information was lodged at Case Crime No. 739 of 2008, under Section 342 I.P.C. in P.S. Mohammadi, District- Kheri. After investigation a final report has been submitted. The police mentioned in final report that actually Mobin abducted his cousin sister Smt. Parveen W/o Wahid Khan on 13.6.2008 when she was going to her parents's house to take back her minor daughter. A Non Cognizable Report has been lodged by Hanif Khan father of Smt. Parveen on 26.06.2008. Mobin is doing service at Lucknow. Smt. Parveen has come back but Mobin is still in Lucknow and Mobin was not in illegal confinement of the petitioners.;