Rajasthan High Court - Jodhpur
Mukesh Kumar & Anr. vs State Of Rajasthan & Ors. on 14 January, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B. CRIMINAL MISC. PETITION NO.3220/2014
Mukesh Kumar & Anr. V/S State of Rajasthan & Ors.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
O R D E R
S.B. CRIMINAL MISC. PETITION NO.3220/2014
Mukesh Kumar & Anr.
V/S
State of Rajasthan & Ors.
Date of Order : 14.01.2015
PRESENT
HON'BLE MR. JUSTICE VIJAY BISHNOI
Dr Sachin Acharya, for petitioners.
Mr Vikram Rajpurohit, Public Prosecutor.
Mr Bagh Singh, SHO, Police Station, Khiwada,
District Pali, present in person.
Mr Mukesh Kumar, petitioner No.1 present in
person.
Ms Meera Devi, petitioner No.2 present in
person.
BY THE COURT:-
This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing the entire proceedings of their Missing Person Report No.11/2014 of Police Station, Khiwada, District Pali.
On 19.12.2014, while issuing the notice to the respondent Nos.1 to 4 i.e. State of Rajasthan, Superintendent of Police, Pali, SHO, Police Station, Khiwada, District Pali and Dala S.B. CRIMINAL MISC. PETITION NO.3220/2014 Mukesh Kumar & Anr. V/S State of Rajasthan & Ors. 2 Ram S/o Jota Ram (brother of the petitioner No.2) respectively, this Court has directed the learned Public Prosecutor to instruct the Investigating Officer to record the statement of petitioner No.2 and also ascertain about her age and thereafter submit factual report before this Court on the next date of hearing.
Pursuant to the direction given on 19.12.2014, learned Public Prosecutor has submitted the factual report dated 14.01.2015, wherein it is mentioned that at the instance of father of the petitioner No.2, an FIR No.178/2014 dated 05.12.2014 was registered at Police Station, Khiwada, District Pali against the petitioner No.1 for the offences punishable under Sections 365, 366, 368, 380 and 120-B IPC and, thereafter, during the course of investigation, the statement of petitioner No.2 under Section 164 Cr.P.C. before the Judicial Magistrate, Desuri, District Pali have been recorded on 20.12.2014, wherein she has clearly stated that she went away with the petitioner No.1 as per her own will and the petitioner No.1 has not abducted her. However, she has also S.B. CRIMINAL MISC. PETITION NO.3220/2014 Mukesh Kumar & Anr. V/S State of Rajasthan & Ors. 3 stated that now she wants to live with her parents.
In view of the statement made by the petitioner No.2, the Judicial Magistrate, Desuri, District Pali vide order dated 20.12.2014 has directed the SHO, Police Station, Khiwada, District Pali to give adequate protection to the petitioner No.2 to go anywhere as per her own will.
It is informed by the learned Public Prosecutor that the petitioner No.2 was produced before the Court pursuant to the investigation pertaining to the FIR No.178/2014 dated 05.12.2014 of Police Station, Khiwada, District Pali. It is also informed by the learned Public Prosecutor that in view of the statement given by the petitioner No.2 before the Judicial Magistrate, Desuri, District Pali under Section 164 Cr.P.C., the police has not found involvement of the petitioner No.1 in any of the offence as alleged in the FIR No.178/2014 dated 05.12.2014 of Police Station, Khiwada, District Pali and, therefore, the police has filed final report in the court of Judicial Magistrate, S.B. CRIMINAL MISC. PETITION NO.3220/2014 Mukesh Kumar & Anr. V/S State of Rajasthan & Ors. 4 Desuri, District Pali.
Pursuant to the direction given by this Court on 12.01.2015, the petitioner No.2 is present in person and this Court has ascertained her wish and she has clearly stated that she wants to go with her parents and not with the petitioner No.1.
Dr. Sachin Acharya, counsel for the petitioners, has argued that the petitioner No.2 is influenced by her family members and she may be given some time to think afresh and, thereafter, again this Court should ascertain her wish.
I am not inclined to grant the prayer of Dr. Achayra. The petitioner No.2 in clear term has informed this Court that she does not want to go with the petitioner No.1 and wants to live with her parents.
In view of the above noted facts and circumstances of the case, no further order is required to be passed in this Criminal Misc. Petition and the same is hereby dismissed.
[VIJAY BISHNOI],J.
Abhishek 101