IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.13 OF 2010 ALKA KUMARI, WIFE OF RANJEET ROY @ RANJEET KUMAR, RESIDENT OF VILLAGE GAUSHPUR EZRA, P.S. HAJIPUR SADAR, DISTRICT VAISHALI…………………………….. ……………………….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF HOME (POLICE), GOVERNMENT OF BIHAR, PATNA 2. THE SUPERINTENDENT OF POLICE, VAISHALI 3. THE S.D.P.O., HAJIPUR, VAISHALI 4. OFFICER-IN-CHARGE SADAR POLICE STATION, HAJIPUR 5. SHANKER ROY, SON OF CHULHAI ROY, RESIDENT OF VILLAGE GAUSHPUR EZARA P.S. HAJIPUR SADAR, DISTRICT VAISHALI………………………………….……………RESPONDENTS --------- 2 10.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of the first information report of Hajipur Sadar P.S. Case No.400/09 registered under Sections 366, 364, 365 and 120B of the Indian Penal Code by her father. She claims that she is major and she has married, on her own sweet-will, with one Ranjeet Roy to which her family members opposed and, therefore, this false case has been filed by her father of kidnapping of this petitioner by accused persons including said Ranjeet Roy. This Court in a writ jurisdiction cannot decide with regard to majority of the petitioner and her claim that she has married, - 2 - on her own sweet-will, with Ranjeet Roy and against wishes of her family members. Therefore, this writ application is disposed of with a direction to the petitioner to appear before the Superintendent of Police, Vaishali, Hajipur along with her husband with all supporting documents to show that she is major and she has married with Ranjeet Roy on her own sweet-will and if she produces such materials before the S.P, and if he is, prima facie, satisfied with the materials produced by her, he shall arrange for recording the statement of the petitioner under Section 164 of the Code of Criminal Procedure and thereafter shall direct the concerned Investigating officer to proceed in the investigation on the basis of the materials made available to him and the said statement recorded under Section 164 of the Cr.P.C. If he is satisfied with the materials produced by the petitioner, he may order to the Investigating Officer not to take coercive action against the petitioner, her husband and family members. This writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)