( 1 ) ONE Vipin Menon has filed this petition under Section 482, Cr. P. C. to set aside the order dated 15-5-1992 passed by the Chief Metropolitan Magistrate, Bangalore City, in Criminal Misc. No. 198/1992. Though the petition was filed only against the State, subsequently as directed by the Court, Sri V. P. R. Nambiar, father-in-law of the petitioner, has been impleaded as the second respondent.

( 2 ) THE facts that are not in dispute maybe set out briefly as follows : the petitioner is the father of a minor female child, named Soumya. She is aged about seven years. Respondent 2 is the maternal grand-father of the minor child. Soumya was residing with V. P. R. Nambiar for some time prior to 29-4-1992. On 29-4-1992, Nambiar gave a complaint to J. C. Nagar Police Station alleging that the petitioner and his sisters had kidnapped Soumya at about 10. 30 a. m. on that day. The police did not register a case either under Section 154, Cr. P. C. or under Section 155, Cr. P. C. on the basis of that complaint as no offence was disclosed. No F. I. R. was sent to the Magistrate. But, the petition was numbered as Criminal Misc. No. 198/1992 and the P. S. I. attached to the J. C.