PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has preferred this misc. petition under Section 482 Cr.P.C., 1973 against the order passed by learned Additional Sessions Judge No.3, Bikaner, dated in criminal revision No.21/2015 (81/2015) whereby learned Addl. Sessions Judge dismissed the revision filed by petitioner and confirmed the order passed by Judicial Magistrate, Nokha dated 8.12.2014 in Crl Case No.1012/2014 FIR No.634/2013 P.S. Nokha, whereby learned Judicial Magistrate dismissed the application filed by the petitioner under Section 190 Cr.P.C., 1973 for taking cognizance for offence under Section 367 IPC.
(2.) At the outset, learned counsel for the petitioner has drawn attention to this Court to the definition of Section 367 of IPC, which reads as follows: "Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.- Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such, person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extent to ten years, and shall also be liable to fine."
(3.) Learned counsel for the petitioner has also drawn attention to the Court to provision of section 190 of Cr.P.C., 1973 which reads as follows: "Cognizance of offences by Magistrates:-(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence- (a) upon receiving a compliant of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.";