Case Facts:
Patna High Court Cr.Misc. No.25207 of 2009 (07) dt.05-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25207 of 2009 ====================================================== Satyendra Paswan .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi- Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 07 05-12-2012 This is an application for quashing the order dated 27.11.2008 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif in Laheri P. S. Case No.185 of 2007 by which learned Magistrate has taken cognizance under [STATUTE] . Prosecution case, in brief, is that on 01.11.2007, informant’s husband victim of the case told the informant about his unwillingness to go on duty. He received a phone call on his mobile and became ready to go on his duty rather left the house. Informant, Nilam also went on her duty, but her husband did not return in the evening. First information report was lodged for non-returning of informant’s husband without casting suspicion on anyone. Submission of learned counsel for the petitioner is that petitioner is Mukhiya of the Panchayat where informant’s husband was working as Panchayat Sewak. In the first information report, her re-statement and statement of her sons, there is no allegation at all against this petitioner or anyone. What has appeared against him, is statement of two cousins (Mausera brothers) of the informant recorded in Paragraph-8 and 9 that earlier there was differences, petitioner had lodged a complaint against informant’s Patna High Court Cr.Misc. No.25207 of 2009 (07) dt.05-12-2012 husband for his transfer i.e. further corroborated by the informant in her statement under Section 164 of the Cr. P.C. and B.D.O. of the Panchayat (Block) Paragraph-109 of supplementary case diary, but after charge. What differences in between this petitioner and victim is not disclosed. It is specifically submitted on behalf of learned counsel for the petitioner that the discussed circumstance if casts any suspicion then also with no specification rather remote not sufficient for taking cognizance in the case. I also agree with the learned counsel for the petitioner. Accordingly, this quashing application is allowed and impugned order dated 27.11.2008 passed in Laheri P. S. Case No.185 of 2007 along with the whole prosecution against the petitioner is hereby quashed. Vikash/- (Mandhata Singh, J)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.