JUDGMENT: V.S. SIRPURKAR, J.

1. Leave granted.

2. Appellant herein has challenged the order passed by the High Court, whereby his petition under Section 482 Cr. P.C. was disposed of with certain directions. In his petition, the appellant had sought registration of criminal case against respondent nos. 4 to 6 for offences under Sections 341, 342, 211 I.P.C. and Section 58 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as NDPS Act) read with Section 120-B I.P.C in relation to the incident which took place on 7.8.2004. The High Court, however, refused to issue any direction regarding the registration of a criminal case on the ground that there was no material on record, from which it could prima facie be found that respondent no. 4 had stopped the vehicle and conducted the search with mala fide motive. The High Court viewed it as a part of the duty of respondent no. 4. The High Court did not also find fault with the alleged role played by respondent nos. 5 and 6, however, left it open to the appellant to avail of his alternative remedy on the basis of allegation that respondent no. 5 and 6 were deliberately and intentionally implicating him by making false calls to the police.

3. The factual background of this is that out of respondent nos. 4, 5 and 6, the 4th respondent is a police officer working as Assistant Sub- Inspector, Police and posted at Model Town Police Station of Karnal and is presently posted at Ram Nagar, Karnal, while respondent nos. 5 and 6 are private individuals. Appellant has a daughter called Nidhi Mago and in the year 1999, her marriage alliance was being discussed with Parshant Arora, son of respondent no. 6 who was then out of India and was scheduled to come to India in the end of May, 1999.

4. According to the appellant, Nidhi Mago was kidnapped on 15.5.1999 from Chandigarh. This kidnapping was done at the instance of respondent no. 5 Sanjay Bhardwaj. She was allegedly made to go through the marriage ceremonies. However, on 26.5.1999, she was rescued from Golabanda, Orissa and on the next day, a crime was registered for offences under Sections 376, 363, 366, 468, 467, 471 and I20-B I.P.C. vide F.I.R. No. 0087/1999 against respondent no. 5, his father and his friend. It is then contended that during the pendency of this FIR, Nidhi Mago was married to Parshant Arora, son of respondent no. 6 on 1.6.1999 and the marriage was registered. She started cohabiting with Parshant Arora at Karnal. After this, Parshant Arora went back to Canada from where he had come and Nidhi Mago was also sent back to her parents house with the assurance that she will be sent to Canada as soon as her Visa is granted. It is, however, alleged that respondent no. 6 took her passport. In June, 1999, allegedly, there was a dispute among the appellant and respondent no. 6 on account of alleged dowry demand. It was on account of this that respondent nos. 5 and 6 colluded with each other and started blackmailing the appellant. In the month of July, 1999, respondent no. 6 as attorney of Parshant Arora filed a petition for annulment of marriage. On the same day, respondent no. 5 filed a petition for restitution of conjugal rights against Nidhi Mago. These petitions were still pending when respondent no. 5 filed a complaint against the appellant and his family members for offence under Section 307 I.P.C., which was registered as FIR No. 586/99 in Police Station, Sector-17, Chandigarh. A trial went on the basis of this allegation. So much so, respondent no. 5 had also filed a criminal case under Section 307 I.P.C. against the appellant and the family members at Nalagarh, Himachal Pradesh. The Sessions Judge, however, vide his order dated 12.10.2004 was pleased to acquit the appellant and family members of all the charges. In the year 2001, Nighi Mago moved an application for maintenance pendente lite against the son of respondent no. 6 Parshant Arora, upon which respondent no. 6 withdrew petition that he had filed