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2007 DIGILAW 1970 (PNJ)

Manjit Singh v. State Of Punjab

2007-11-13

SURYA KANT

body2007
Judgment Surya Kant, J. 1. The prayer in this petition is for quashing of F.I.R. No. 10 dated 19.2.2007 under Section 363/366 IPC, registered at Police Station Sadar Batala, District Gurdaspur. 2. The above-stated F.I.R. has been registered on a complaint made by respondent No. 2 who is mother of respondent No. 3. As per the allegations, respondent No. 3 was allegedly abducted by petitioner No. 1. 3. On the other hand, the petitioners who are son and mother respectively, have approached this Court with the plea that respondent No. 3 is legally wedded wife of petitioner No. 1 and is residing with him, therefore, the allegations of her forcible abduction are totally false. It is claimed that respondent No. 3 is present in Court and is ready to depose that the allegations made by her mother which led to registration of the F.I.R. are totally false. 4. On the other hand, Mr. Rajesh Bhardwaj, learned DAG, Punjab, on instructions from ASI Balraj Singh, states that the challan has already been presented against the petitioners and petitioner No. 1 has in fact been declared a proclaimed offender by the Court concerned on 1.9.2007. 5. In such like cases, the solitary task of the Investigating Agency is firstly to determine the age of the alleged abducted girl and also to find out as to whether it is a case of elopement of the girl with the boy and/or a case of forcible abduction/kidnapping. Since this aspect of the matter does not appear to have been investigated by the Police Authorities especially when petitioner No. 1 and respondent No. 3 did not appear and produce the relevant documents before them, this petition is disposed of with the following directions:- (i) the petitioners, if so advised, may surrender before the Court concerned and seek their release on regular bail; (ii) the petitioners as well as respondent No. 3 may also produce the relevant documents with regard to the age of respondent No. 3 and their plea that she has got married to petitioner No. 1. The Investigating Agency, upon consideration of the said material, if so required, may submit a supplementary report under Section 173(8) Cr.P.C. within one month. The further course of action shall depend upon the outcome of the supplementary report to be presented by the Investigating Agency. 6 Disposed of. 7. The Investigating Agency, upon consideration of the said material, if so required, may submit a supplementary report under Section 173(8) Cr.P.C. within one month. The further course of action shall depend upon the outcome of the supplementary report to be presented by the Investigating Agency. 6 Disposed of. 7. Let a copy of this order, duly authenticated under the signatures of the Bench Secretary, be handed over to Mr. Rajesh Bhardwaj, learned DAG, Punjab for information and necessary compliance.