1. The present Criminal Misc.Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants herein – original accused to quash and set aside the impugned FIR being C.R.No.I-140 of 2006 registered with Kanbha Police Station, District: Ahmedabad filed by respondent No.3 herein for the offences punishable under Sections 363, 365, 366, 506(2) and 114 of the Indian Penal Code.
2. Mr.Bariya, learned advocate appearing on behalf of the applicants has submitted that the applicants have not committed any offences as alleged and in fact wife of the original complainant has not been kidnapped. Mr.Bariya, learned advocate appearing on behalf of the applicants has tried to rely upon the Affidavit-cum-declaration affirmed by Shantaben Himmatlal Shah – wife of the original complainant dated 09/12/2006 in support of his above submission.
However, it is required to be noted that Whether wife of the original complainant has been kidnapped or kept in illegal confinement by the applicants or not, is required to be investigated by the concerned Investigating Officer. Even during the course of investigation, statement of wife of the original complainant is required to be recorded and whether the averments made in the affidavit-cum-declaration alleged to have been affirmed by Shantaben Himmatlal Shah dated 09/12/2006 are also required to be investigated by the concerned Investigating Officer. Under the circumstances, when there are specific averments and allegations prima facie making out cognizable offences, which are required to be investigated by the concerned Investigating Officer, no case is made out to quash and set aside the impugned FIR at threshold in exercise of powers under Section 482 of the Code of Criminal Procedure. It goes without saying that Investigating Officer is bound to investigate the case in fair and impartial manner.
3. In view of the above, the present application fails and the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti