IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28762 of 2009 1. Chanarik Rai alias Chandeshwar Rai, son of Late Karu Rai, 2. Binod Rai, alias Binod Kumar, 3. Pramod Rai alias Pramod Kumar, 4. Subodh Rai alias Subodh Kumar Yadav, sons of Chanarik Rai, village Ganj Ke Dera, PS Bakhtiyarpur, district Patna – petitioners. Vs. 1. The State of Bihar, 2. Hoti Rai, son of Late Nanhak Rai, village Naya Tola Sabnima, PS Athmalgola, district Patna – opp. parties. 2 4.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 4.12.2008 passed by the Judicial Magistrate, Ist Class, Barh in Case No. 404©/2008 by which cognizance for the offences under sections 323 and 363 has been taken. The allegations in this case are that the complainant’s son was working as domestic servant with the petitioners. When the complainant went to the petitioners’ place to receive the wages, he was neither paid the wages nor could he trace his son. The complainant tried to trace out his son but could not find him and as such he alleges that the petitioners have kidnapped his son. In a case of this nature involving kidnapping, it cannot be said that the persons accused are not responsible for kidnapping. In the circumstances such cases should be sent for institution of an F.I.R. so that investigation can be made. I, therefore, direct the Additional Chief Judicial Magistrate, Barh to issue notice to the complainant in this matter and pass an order transferring the case for investigation 2 by the police. In the mean time the operation of the impugned order shall remain stayed. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)