Bhure Khan and Others vs State of Rajasthan and Others

H.R. Panwar, J.—By the instant criminal miscellaneous petition u/s 482 Cr.P.C. the petitioners seek quashing of FIR No. 19/2008, Police Station, Chattargarh, district Bikaner for the offences under Sections 323, 341, 362, 383, 464, 463, 467 and 387 IPC.

I have heard learned counsel for the parties. Carefully gone through the First Information Report.

It appears that one Ali Sher s/o Mithu Khan lodged the said first information report alleging therein that his father has been kidnapped/abducted by the petitioners and one Noore Khan and under a pressure, certain documents have been got registered. The first informant also filed D.B. Habeas Corpus Petition No. 1608/2008 against the present petitioners and the State of Rajasthan. The Division Bench of this Court, vide order dated 12.03.2008, dismissed the Habeas Corpus Petition noticing therein that Mithu Khan appeared before the Division Bench and made the statement that his entire family members turned out him from the house and even his wife is also with his children and he has not been detained by anybody, nor he is in pressure of any one and he is living in a farm house of one Advocate by his free-will. On these premises, the Division Bench held that Mithu Khan has not been illegally or wrongfully detained and dismissed the habeas corpus petition.

Mithu Khan is present before this Court and made the similar statement and stated that he is living in the farm house of an Advocate by his free will and he has neither been taken forcibly by the petitioners nor by anyone else. In view of the statement of Mithu Khan who is said to have been abducted, as also the decision of the Division Bench of this Court in habeas corpus petition, in my view, when the person allegedly abducted has stated that he has not been taken forcibly by the petitioners or anybody else and as such had never been abducted and he is living with his free will in the farm house of an advocate then in such circumstances, the investigation in the aforesaid FIR will be nothing but an abuse of the process of the Court.

Consequently, the criminal miscellaneous petition is allowed and the FIR No. 19/2008, Police Station, Chattargarh, district Bikaner is hereby quashed.