- (1.) The legal issue for consideration in this case is - Would offence under Section 363 Indian Penal Code read with Section 361 Indian Penal Code be committed, in case a minor of her own volition, without inducement or coercion, goes out of keeping of her lawful guardian?
(2.) The petition seeks issuance of a writ in the nature of certiorari quashing impugned First Information Report No. 0072 of 2018, under Sections 363, 366 Indian Penal Code, Police Station Khairighat, District Bahraich.
(3.) The impugned First Information Report has been registered at the instance of Lallan, father of petitioner no. 2-victim with the allegation that he is a resident of Muleempur Kalan, Police Station Khairighat, District Bahraich. Relative of the accused, namely, Kallu Sonkar lives in the village. The complainant has social relations with Kallu Sonkar and he used to visit his house. On 23/24 March, 2018 night, Bihari Sonkar s/o Ram Surat Sonkar-petitioner no. 1, Vinod, Kamta Devi, Ram Surat (the other petitioners), residents of Niviya Shahpur, Police Station Kotwali Nanpara, District Bahraich, induced daughter of the complainant, namely, Pramila Devi, and took her away. Till the reporting of the matter, whereabouts of the daughter could not be traced, therefore the matter is being reported.;