JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. S. Chouhan, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned senior counsel for the respondent. 2. The petitioner who claims to be an educated person states that he had an affair with a girl name Dipti Keot who was aged about 22 years and that the petitioner and Dipti Keot had decided to get married in due course of time as they had their relationship for the last 7 years and which was known to the respective parents. He stated that on 14.02.2015, Dipti Keot came to Guwahati from Diphu to meet the petitioner and from 14.02.2015 she started staying with the petitioner. 3. In paragraph-4 it is stated that the father of the girl Dipti Keot also agreed to the marriage of his daughter with the petitioner but had insisted that the marriage be done through the appropriate marriage officer. 4. In the circumstance, an ejahar dated 20.03.2015 was lodged before the officer in charge of Diphu Police Station inter alia stating as under:- wxyz ".... That Miss Dipti Keot, my daughter eloped with Sanjiv Baitha s/o Sri Ram bahadur Baitha on 14.02.2015, they telephoned my sister-in-law Miss Santi Keot that they are in Guwahati and have decided to live as husband and wife. When I heard about the incident, I told them through my sister-in-law to marry in the court and give a court marriage copy to me. He took 15 days time to do so. zyxw wxyz On 19.02.015, I had a discussion about this matter with Sanjy baitha (his elder brother). I told him to get them married in the Court. zyxw wxyz On 20.02.2015 my sister-in-law received a message on her mobile from Sanjiv Baitha in which he was asking Rs.50,000/- from us. But the money was refused to be given. zyxw wxyz On 12.03.2015, I was informed from Sri Lakhinath Bhumij, resident of ram Prasad gaur, Dokmaka that my daughter is in his house. zyxw wxyz Thereafter, I went to his house on 13.03.2015, where I found my daughter staying there. From my daughter, I came to know that Sanjiv Baitha had betrayed her alone in Guwahati soon after my refusal to give him his asked money. zyxw wxyz Thereafter, I went to his house on 13.03.2015, where I found my daughter staying there. From my daughter, I came to know that Sanjiv Baitha had betrayed her alone in Guwahati soon after my refusal to give him his asked money. zyxw wxyz Therefore sir, it is my prayer to you to kindly locate sri Sanjiv Baitha and take legal action against him so that justice be done. For this I shall remain ever grateful to you." zyxw 5. The said ejahar has been assailed in this petition on the ground that the ejahar does not disclose any offence punishable under Section 366 of the IPC and as the ejahar has been registered under the said Section, therefore, it is not maintainable in law. 6. To support his case, the petitioner also encloses a statement of the girl under Section 164 Cr.P.C. In the said statement, it is stated that she went to Guwahati on her own will and alone by the Avadh Assam Express to meet the petitioner who was her boyfriend for the last 8 years since 2007 and she lived with him in his rented house which was located near 10 Ap near Ganeshguri. Further the statement of the girl is that he went away without informing the girl and she came back to Dokmoka by bus and went her relative''s house from there she came to her house. 7. Based on the said statement under Section 164, Mr. S. Chouhan, learned counsel for the petitioner raises the question that in view of such categorical statement that the girl went to the petitioner on her own will therefore, no offence under Section 366 had been made out and therefore, the ejahar is not sustainable. 8. We have perused the FIR to the extent that the girl went on her own volition to the petitioner and further that the father of the girl had required the petitioner to marry her through the marriage officer is inconformity with what the girl had stated under Section 164 Cr.P.C. But there are further allegation in the ejahar that in spite of the parties agreeing to get marry the petitioner had not married the girl and further the petitioner had given a message to the sister in law of the father of the girl asking him for an amount of Rs.50,000/-. Further the subsequent conduct of the petitioner where he had left the girl to fend for herself and disappear also is not in conformity with the statement of the girl under Section 164. We are of the view that the allegations in the ejahar other than the statement that the girl went to the petitioner on her own volition may contain a criminal element which may require an investigation. 9. From the said point of view, we are not inclined to quash this FIR merely on the contention of the petitioner that the statement of the girl under Section 164 reveals that she came to the petitioner on her own volition and therefore no offence under Section 366 of the Indian Penal Code has been made out. Although a statement under Section 164 may not be the relevant material for quashing an FIR but what has been stated under Section 164 is also revealed in the second paragraph of the ejahar itself. 10. In view of the above, we do not find any merit in this petition for quashing the ejahar dated 20.03.2015 lodged by Shri Ram Charan Keot which was registered as Diphu P.S. Case No. 46/2015 under Section 366 IPC. 11. The Investigating Authority shall take into consideration the allegations made in the FIR and arrive at their conclusion as to under which provision of law any criminal act can be said to have been carried out by the petitioner. Upon such investigation, it will be open for the Investigating Authority to bring the matter to its logical end as per law. 12. It is stated that after filing this petition, the petitioner is not cooperating with the Investigating Authority by taking advantage of the interim order from this Court. We have taken note of that the interim order was a direction to the police authorities not to harass the petitioner which does not mean that there was any restrain order on the police authorities not to conduct their investigation under the law. 13. The petitioner to appear before the Investigating Authority as and when required to do so. wxyz Writ petition is accordingly disposed of. zyxw