Rajeshwar Singh - (1.) THESE are three applications under Section 482 CrPC
(2.) IT appears that one girl Leelawati disappeared. The girl's father Vishwanath says that she was minor and she was kidnapped by some persons including Maqbool Alam and Manzoor Alam. He also lodged First Information Report. The case of Maqbool Alam and Manzoor Alam is that the girl was major. She embraeed Islam and married Manzoor Alam. There is also one Mohd. Zameer Alam, who says that he is not in any way involved in the matter and his name was not in the First Information Report. Police started investigation and a chargesheet has been submitted before the Court.
(3.) WHEN the case was under investigation, Mohd. Zameer Alam came to this Court under Section 482 CrPC which was registered as Crl. Misc. Case No. 573 of 1986 and he prayed that the FIR be quashed and proceedings of investigation be stayed. Under Section 482 CrPC investigation cannot be interfered with as held by seven Judges Bench in the case of Ram Lai Yadav, Crl. Misc. Application No. 5939 of 1988, decided on 1st February 1989. Hence, Crl. Misc. Application No. 573 of 1986 has to be dismissed. During the course of Investigation and proceedings in the court below, statement of the girl has been recorded under Section 164 CrPC. The father of the girl Vishwanath is not satisfied with that statement as it goes in favour of Manzoor Alam and Maqool Alam. He complained that the Investigating Officer has been partial towards Manzoor Alam and Maqbool Alam. So he prays that statement under Section 164 CrPC be quashed and the Investigating Officer be changed. It is not for this Court to interfere with the investigation under Section 482 CrPC as has been pointed out earlier. The statement has been recorded under Section 164 CrPC, there is no question of quashing it. When it is used by some court, the applicant may show there that the statement is not correct. So there is no necessity of quashing the statement. Investigation has to be made under the Code of Criminal Procedure, the Court has no power to change the Investigating Officer under its inherent powers. So this application No. 599 of 1986, filed by the father of the girl, is also to be dismissed.;