Mohinder Kaur vs State of Punjab and others

L.N. Mittal, J.—Petitioner Mohinder Kaur has filed this petition u/s 482 of the Criminal Procedure Code (Cr.P.C.) for direction to official respondents No. 2 to 5 to trace the petitioner''s son Satish Kumar, who was allegedly kidnapped by respondent No. 5 police official at the instance of private respondents No. 6 to 8 who are parents-in-law and wife of Satish Kumar. Prayer has also been made for registration of case against respondents No. 6 to 8 and the police officials responsible for the alleged kidnapping.

Reply on behalf of respondents No. 1 to 5 filed today in Court by State counsel is taken on record, subject to all just exceptions. Copy given to the opposite counsel.

Petitioner and her son Satish Kumar are both present in person in this Court. Satish Kumar has made statement Annexure R-8 before Executive Magistrate that he was not kidnapped by his in-laws, but due to fear of his in-laws, he was living with his relatives at Ludhiana and at village Sadhowal. Satish Kumar now states that he is voluntarily residing in rented accommodation.

Satish Kumar is present in the Court and thus he has since been traced. Accordingly prayer of the petitioner for tracing her son Satish Kumar has been rendered infructuous.

As regards registration of criminal case against respondents No. 6 to 8 and police officials responsible for alleged kidnapping, the petitioner is at liberty to take appropriate action in accordance with law by approaching Police authorities or Ilaqa Magistrate, if so advised. No direction u/s 482 Cr.P.C. can be issued for registration of FIR in view of judgment of Hon''ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others, because the petitioner has appropriate remedy of approaching the Ilaqa Magistrate, if appropriate action is not taken by the police.

Instant petition stands disposed of accordingly, with liberty as aforesaid.