Bhavdish Chaudhary v. Sharkar Sada

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S. K. Jha, Advocate For the Opposite Party/s : Mr. J. Upadhayaya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 2 03-02-2012 The present petition has been filed for quashing the order dated 29.3.2008 passed by S.D.J.M., Rosera(Samastipur) in connection with Bibhutipur P.S. case no.212 of 2005, Tr. no.2296 of 2008 by which he has taken cognizance under sections 366 and 366A of the Indian Penal Code. According to the written report filed by the informant, some persons including the petitioners are said to have fled away with the daughter of the informant for the purpose of getting her married with one Bauanand Choudhary. It has been further alleged that the informant’s daughter is a minor aged 12 years and 10 months. Learned counsel for the petitioners has referred to the statement of the victim girl given before the police officer to the effect that she is 19 years old and she had gone with Baunnand Choudhary out of her own accord. Patna High Court Cr.Misc. No.24944 of 2010 (2) dt.03-02-2012 Finding prima facie case against the petitioners after going through the materials on record including the case diary, learned Magistrate has taken cognizance against the petitioners. In view of the specific allegation against the petitioners in the F.I.R., I am not inclined to interfere with the order of cognizance at this stage. The petition accordingly stands dismissed. However, the petitioners are always at liberty to raise all the points at an appropriate stage in the trial court. sudip/- (Vikash Jain, J.)