- (1.) IN this Cr.M.P the petitioner has prayed for quashing the order taking cognizance dated 17.2.94 passed by the learned Chief Judicial Magistrate, Hazaribagh in T. R. Case No. 1136/04 whereby the said learned Chief Judicial Magistrate has taken cognizance of the offence under Sections 363/366(A) IPC against the petitioner.
(2.) THE prosecution case, in which the cognizance has been taken, in short is that the informants daughter Kumari Partima Mishra, aged about 17 years, used to attend coaching classes in Raghunath Girls School, Pagoda Chowk in morning session for the last four months. On 3.1.92 at 8 A.M she had gone to attend the coaching classes, but did not return home in time. Thereafter, the informant started searching her in the town, but he could not trace out his daughter. He then started inquiring from his relations and went to search, but she was not found. When the informant returned Hazaribagh, he learnt that her daughter was kidnapped by the petitioner who was also absent since 3.1.92 from Hazaribagh town. Before attending the coaching classes, the informants daughter had taken admission in Short Hand and Typing in Nidih Typing Institute in which the petitioner was instructor. The case was investigated into and the charge sheet was submitted under Sections 363/366(A) IPC against the petitioner and two others. On perusal of the materials in the case diary and the charge sheet, the learned Court below took cognizance of the offences under Sections 363/366(A) IPC against the petitioner and two others.
(3.) THE petitioner has challenged the said order taking cognizance mainly on the ground that the informants daughter was not kidnapped, rather she had left her house voluntarily to go to Allahabad where his uncle is in service. The informants daughter after passing the Intermediate of Science Examination was willing to appear in the Medical Test Examination and for that she had to join coaching classes either at Patna or Allahabad. But her parents were not allowing her to go outside for further studies. Therefore, she had left the house without informing her parents and had gone to Allahabad. The informant also subsequently came to know about the same and filed a petition in the Court of the learned Chief Judicial Magistrate. In spite thereof, the police submitted the charge sheet showing the petitioner as an absconder. It has been submitted that if these facts are properly verified, no case under the alleged penal Sections is constituted against the petitioner and in that circumstance, the order taking cognizance as well as the entire criminal proceeding against the petitioner are the sheer abuse of the process of the Court and in order to secure the ends of justice, the impugned order taking cognizance as well as the entire criminal proceeding against the petitioner are liable to be quashed. ;