IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.662 of 2008 SMRITI PANDEY @ SHAHIN VS STATE & ORS ----------- 4 28.8.2008 Heard Sri Akshay Lal Pandit for the petitioner and learned JC to AAG 6 for the State of Bihar. The writ petition has been filed by the petitioner for quashing FIR of Mithanpura 132 of 2008 dated 2.7.2008 registered for offences under sections 363, 365, 366 and 120B/34 I.P.C. instituted by her mother, respondent no.5, namely, Indu Devi on the ground that accused persons of the aforesaid P.S.case never kidnapped her rather she being major aged 20 years at her own sweet eloped with accused Faiyaz Ahmad and married him. On the previous date i.e. 20.8.2008, this Court directed recording 161 Cr.P.C. statement of the petitioner. Today by filing I.A.No.1805/08 she seeks permission for withdrawal of the instant writ petition stating therein that presently she is living with her parents and wish to live with them pursuing her studies. When the matter was taken up for hearing in the pre lunch sessions of the Court, Sri Sakeel Ahmad Khan, learned Sr. advocate appearing on behalf of opp.parties submits that it would be most expedient to hear the version of petitioner in person and record her statement as she is present in court itself and conflicting views have been surfacing in the matter. As all the parties agree with Sri Khan, this court again took up the matter at 4.10 PM in the Chambers. On being quarried, the petitioner states that she voluntarily wants - 2 - to withdraw the writ petition. She further stated that she is 20 years old, and from here she would like to go to her house with her parents. Taking into account the statement of the petitioner made in person, the writ petition is permitted to be withdrawn observing that petitioner, appearing to be a major would be at liberty to recourse to he own action. Sri Akshey Lal Pandit, learned advocate earlier appearing for the petitioner submits that on 5.8.2008 Sri Ramashish Mishra, Sub Inspector of Police, Mithanpura PS., Muzaffarpur, opp party no.4 forcefully entered into his residential office, took his client (the petitioner) with him along with some case files of other clients including a file which was containing educational certificates of his brother Ajit Kumar Pandit. He further states that the said police officer threatened him in the evening for returning the fee given by his client otherwise he also would be made an accused in the case. The facts revealed by Sri Pandit was quite disturbing and noticing the seriousness of the allegation, this Court directed the parties including learned counsel representing the State of Bihar to file affidavit to ascertain the veracity of the allegation but as the petition has been permitted to be withdrawn, matter cannot be proceeded in this respect in the instant writ petition. However, it would be open to learned counsel Sri Pandit to file appropriate application in respect of his grievance and infringement of his right by police personnel who forcibly took away the files of his client and other documents. Shashi. (S.P.Singh,J)