Point of Law: Police officer' s power to investigate cognizable case - Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

Headnote:
Indian Penal Code,1860 - Section 363 and 366 - Criminal Procedure Code,1973 - Sections 156, 156(3),156,190 - Writ of habeas corpus – Kidnapping, abducting or inducing woman to compel her marriage, etc.- Cognizance of offences by Magistrates - Petitioner has herself informed petitioner that she is in illegal custody of respondent and she requested petitioner to get her out from illegal custody of respondent - Thereafter father of corpus i.e petitioner has himself met respondent and requested them to let petitioner go along with him but they refused same and said to him by threatening that he can do whatever he want - Thereafter petitioner has lodged first information report registered as Case Crime under Sections 363 and 366 I.P.C. at Police Station-Thana Bhawan District-Shamli with regard to abduction of his daughter by respondent - Petitioner is a labour and he used to proceed for his work in morning and comes back in evening - Whether she is alive or not
Finding of the court: Court finds that there is a force in submission made by learned A.G.A. that petitioner has a remedy under Section 190 read with Section 156 of Cr.P.C. to approach before Magistrate for redressal of his grievance and this court also vide order in case of Tasim directed petitioner to approach before Magistrate under Section 156(3) Cr.P.C. for redressal of his grievances - It appears that complaint of petitioner with regard to abduction of his minor daughter same was forwarded to concerned police station but nothing has done in matter whereas a direction was issued to S.H.O. of concerned police station to investigate matter expeditiously and submit his report forthwith and if petitioner is not satisfied with progress of investigation he may apprise Magistrate with this fact and he may move appropriate application in case for further direction to be issued in accordance with law by Magistrate.
Result: Writ petition disposed of

JUDGMENT :

1. Heard Sri Satendra Narayan Singh, Advocate holding brief of Sri Rajesh Shukla, learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.

2. This habeas corpus writ petition has been filed by the father of the corpus, Tasim, petitioner no. 1 with the following prayer :

"(i) Issue a writ, order or direction in the nature of habeas corpus petition directing the respondent nos. 2 and 3 to produce the corpus (Tabbassum) before this Hon'ble Court who is in the illegal custody of the respondent nos. 4 to 10. So that the legal custody of the corpus (Tabbassum) be handed over to her father i.e. petitioner no. 1.

(ii) Issue a writ, order or direction in the nature of habeas corpus petition, directing the respondent nos. 2 and 3 to provide protection to the petitioners from respondent nos. 4 to 10 whenever it is required by the petitioners.

(iii) Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the instant case."

3. Learned counsel for the petitioners submits that the petitioner no. 2, Tabbassum (corpus) has herself informed the petitioner no. 1 that she is in illegal custody of respondent nos. 4 to 10 and she requested the petitioner no. 1 to get her out from the illegal custody of the respondent nos. 4 to 10. Thereafter, the father of the corpus i.e. petitioner no. 1 has himself met the respondent nos. 4 to 10 and requested them to let the petitioner no. 2 go along with him but they refused the same and said to him by threatening that he can do whatever he want. Thereafter, petitioner no. 1 has lodged first information report registered as Case Crime No. 0191 of 2021, under Sections 363 and 366 I.P.C. at Police Station-Thana Bhawan, District-Shamli with regard to abduction of his daughter by the respondent nos. 4 to 10. The petitioner no. 1 is a labour and he used to proceed for his work in the morning and comes back in the evening. The respondent no. 4, Amir son of respondent no. 10, Khurshid has abducted his daughter who is a minor girl with the help of other accused persons. Learned counsel for the petitioners submits that petitioner no. 1 has sent an application on Jan Sunwai portal on 24.06.2021 and 26.06.2021 and a direction was given to S.H.O. of Police Station Thana Bhawan, District Shamli by S.S.P. for taking necessary action and in this regard a report was also submitted on 26.07.2021. On 01.07.2021, the petitioner no. 1 came to know that S.H.O. of Police Station Thana Bhawan, District Shamli has decided the matter and submitted report dated 30.06.2021. He further submits that petitioner no. 1 again sent an application online complaining that his daughter has been abducted and anyhow she could not be traced out. In this regard, a direction was given to SHO of Police Station Thana Bhawan, District Shamli for investigating the matter. He further argued that the daughter of the petitioner no. 1 could not be traced out whether she is alive or not. The respondent nos. 4 to 10 have not arrested despite several complaints made by the petitioner no. 1 against them and the minor girl of the petitioner no. 1 has yet not been traced out.

4. Learned counsel for the petitioner further argued that the petitioner no. 1 has moved Criminal Misc. Writ Petition No. 5831 of 2021 (Tasim Vs. State of U.P. & 9 Ors.;) with the prayer that this Court may graciously be pleased to direct the respondent no. 2 to supervise the investigation and direction may also be given to the respondent no. 3 to arrest the accused persons in pursuance of the first information report dated 25.06.2021. The Hon'ble Court vide order dated 02.08.2021 passed in Criminal Misc. Writ Petition No. 5831 of 2021 (Tasim Vs. State of U.P. & 9 Ors.;) dismissed the same with the following observation :

"Heard learned counsel for the petitioner and the learned A.G.A.

This writ petition has been filed praying for the following reliefs:

"(a) Issue a writ, order or direc

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