Shri Kamal Dev Rai @ Kamal Deo Roy vs The State Nct Of Delhi
2022 Latest Caselaw 3188 Del

                                         Neutral Citation Number 2022/DHC/005623

                          $~5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 5490/2022

                                SHRI KAMAL DEV RAI @ KAMAL DEO ROY ..... Petitioner

                                                   Through:     Mr. M.K. Perwez with Mr. J.A.
                                                                Chaudhary
                                                   versus

                                THE STATE NCT OF DELHI                              ..... Respondent

                                                   Through:     Mr. Hemant Mehla, APP for the State
                                                                with Inspr. Kuldeep Singh, PS
                                                                Vikaspuri

                          %                        Date of Decision:01st December, 2022
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

Crl.M.A.21828/2022 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C. 5490/2022

1. Present petition has been filed for quashing of FIR No.657/2014 under Section 341/342/363 IPC read with Section 23/26 J.J. Act. The FIR was lodged on the statement of Sh. Shankar Sharma. In the FIR, the complainant has stated that his nephew Manish was not traceable. The complainant suspected that somebody had kidnapped his nephew Manish,

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:17.12.2022 11:33:55 Neutral Citation Number 2022/DHC/005623

who was around 12 years at the time of the incident. However, the Investigating Officer states that the child was found in the nearby place after some time. The Investigating Officer further states that there seems to be no foul play in the incident.

2. The complainant states that he got the FIR registered out of panic and anxiety. Therefore, the present petition has been made for quashing of the proceedings.

3. Perusal of the record indicates that the chargesheet in this case has been filed under Section 341/342 IPC read with Section 23/26 J.J. Act against the petitioner.

4. Learned counsel for the petitioner submits that, in fact, the child being of tender age went to the Azard Market in place of Azadpur. Learned counsel further submits that in fact the child had gone to the petitioner out of his own will and was recovered on the same day.

5. In the totality of facts and circumstances of the case, the case FIR No.657/2014 under Section 363 IPC registered at P.S. Vikaspuri and all the proceedings emanating therefrom are quashed.

6. The present petition stands disposed of.

DINESH KUMAR SHARMA, J DECEMBER 01, 2022 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:17.12.2022 11:33:55