JUDGMENT S.K. Kar, J. 1. One Syed Imran Haque, s/o Md. Samsul Haque of Barlechakuna under Rangia Police Station, it appears, is appearing for the second time before this Court through his counsel seeking relief under the provision of Section 438 Cr.P.C. 1973. 2. In this context, it is to be mentioned that he is directly implicated in an FIR lodged by one Sri Prabin Chandra Deka on 18.10.03 accusing him of the offence of kidnapping his daughter, Moni Deka, aged around 17 years. Kamal Pur Police Station registered a case No. 230/03 under Section 366(A) IPC and investigation is likely to be in progress. By an earlier order of this Court passed on 9.12.03 (B.A. No. 3041/03). On perusal of the Case Diary and on hearing the parties rejected the prayer for pre-arrest bail. 3. The petitioner, however, now has produced an affidavit sworn by the alleged victim, Moni Deka and certified issued by the Registrar, Muslim Marriage and Divorce, Nalbari to contend that the victim was a willing party in the process and has also performed now the social marriage in addition to the registration of the same as per Mohamdan Law. The school certificate records date of birth of Moni Deka as 01.03.1985. The petitioner has also filed a copy of the marriage certificate No. 126 dated 11.02.2004, certified by Marriage officer under the prevision of Special Marriage Act, 1964. 4. Heard also the learned P.P., who submits that the girl is a consenting party and as on today her age is 19 years plus. 5. I have given my anxious considerations to the submission made, and considered all the relevant facts placed before the Court. In my humble opinion, legislation enacted Section 438 Cr. P.C. with a special purpose in order to give relief to the person who may be victim of circumstances and unnecessary harassment. It will be wrong to think that this section of law is applicable to each and every case and every person implicated directly or indirectly will have a right to agitate the Court to produce an order to avoid hazards of investigation. It cannot be denied that when an FIR is lodged alleging cognisable offence, Police will have to move out in search of the culprit and in the process some innocent person may be harassed. It cannot be denied that when an FIR is lodged alleging cognisable offence, Police will have to move out in search of the culprit and in the process some innocent person may be harassed. It should be remembered that Section 438 Cr.P.C. cannot create clog in the process of investigation of a crime which can be done only by Police, and Court is to be very careful and circumspect in dealing with such situation. 6. Coming to the facts of the case, till now we are with the case of the accused in the context of this petition and neither the informant nor the witnesses are before this court to ascertain truth or otherwise of the allegations. 7. Date of birth of a person is an information given by the parents, particularly the mother and evidence of mother is more important to ascertain the age of an individual and in my opinion, affidavit sworn in by the person about his own age is to be looked into against this background. 8. In view of the discussions aforesaid I refused to exercise discretion to grant relief under Section438 Cr.P.C. in the instant case. Petition is accordingly rejected.