IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.511 of 2007 SURENDRA PRASAD @ SURESH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 6 27.8.2008 Heard the parties. The petitioner had filed Complaint Case no. 569 of 2007 dated 17.4.2007 for kidnapping of his daughter, the Kotwali Police Station, Gaya could lodge a case being Kotwali Ps case no. 146 of 2007 dated 13.6.2007 making allegations that accused persons had kidnapped his daugahter.The learned Chief Judicial Magistrate, Gaya on 3.5.2007 ordered for institution of FIR under the provisions of section 156(3) of the Cr.P.C. The Kotwali PS Gaya registered a case only on 13.6.2007 vide Kotwali PS case no. 196 of 2007.However, his daughter was recovered on 18.6.2007. He alleged that police in collusion with accused persons submitted final form dated 3.5.2007 not charge sheeting them. It is also submitted that the petitioner has filed protest petition in the court of Chief Judicial Magistrate, Gaya. By filing counter affidavit it is submitted by the State counsel that the daughter of the petitioner had not been kidnapped rather she was residing at Mohalla Chand Choura on her own with her six years old daughter whom police recovered on 18.6.2007. In the facts and circumstances, the writ petition is disposed of with observation that petitioner may pursue his protest petition if he feels aggrieved. Shashi. (S.P.Singh,J).