Learned High Court Government Pleader accepts

notice for respondent No.2.

2.

This petition is filed by the petitioners-accused

Nos.1, 2, 4, 5 and 6 under Section 482 of Cr.P.C., for

quashing the FIR registered by the Mandi Police, Mysuru in

Crime No.20/2017 for the offences punishable under

Sections 465, 370, 34, 468, 317 of the Indian Penal Code,

1860 (for short 'IPC') and Sections 80, 81, 84, 87 of the

Juvenile Justice (Care and Protection of Children) Act,

2015 (for short 'J.J. Act').

3.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

respondent Nos.1 and 2.

4.

The case of the prosecution is that on the

information sent by respondent No.2, the Police Inspector-

DCIB to Mandi Police, Mysuru on 03.02.2017 alleging that

when he took up the investigation in Crime No.35/2016 of

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Nanjangud Town Police in a kidnapping case which was

registered for the offence punishable under Section 363 of

IPC, they have said to be added various Sections of IPC

apart from Section 370 of IPC for Human Trafficking. After

investigation, the charge-sheet came to be filed only

against six accused persons by deleting some of the

provisions of Sections 317, 365, 368, 392, 420, 465, 468,

470, 471, 109 and Section 80 of the J.J. Act against

accused Nos.1 to 6 and subsequently, dropped the name

of these petitioners as they were not involved in Crime

No.35/2016 vide charge-sheet dated 28.01.2017. It is

further alleged by the DCIB in the information given by the

Mandi Police Station that during the investigation in Crime

No.35/2016, he found these accused persons were

involved in Human Trafficking where the unmarried girls

came for the Aravind Hospital for delivery. Taking

advantage of the same, they have taken the newborn

children and thereafter created fake documents that they

have given for the adoption in the name of various persons

but in fact, they have given the kids to some other persons

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and those children were staying and monitored by some

other persons. Those 15 children were rescued by the

Police and given to Bapuji Care Centre and requested the

Police Officer to register a case against them in the said

offences which were dropped against accused Nos.1 to 6 in

Crime No.35/2016. Based upon the report of the DCIB,

the Police registered FIR in Crime No.20/2017. The

complaint was received on 04.02.2017 and when the

matter was taken up for the investigation, this Court

stayed the further investigation on the petition filed by

these petitioners.

5.

Learned

counsel

for

the

petitioners

has

seriously contented that once the petitioners were arrested

and dropped in the charge-sheet as they were not involved

in the said case, again the Police have no authority to

register second FIR for the same offences. Therefore, the

investigation and FIR shall be quashed.

6.

Per contra, learned High Court Government

Pleader objected the same.

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7.

Having heard the arguments of learned counsel

for the petitioners and learned High Court Government

Pleader for respondent No.1-State, perused the charge-

sheet and FIR in Crime No.35/2016 and also the present

FIR which is under challenge registered by Mandi Police in

Crime No.20/2017. On perusal of the same, which reveals

that one Parvathi, who filed a complaint to Nanjangud

Town Police which was registered in Crime No.35/2016 on

21.04.2016 where she has stated that she used to stay

along with her mother and two children. At 1.00 a.m., in

the night, some unknown persons came in the vehicle and

snatched her two months old baby from her, at that time,

she raised alarm and some persons tried to chase the car

but could not trace them. Subsequently, the case was

registered for the offence punishable under section 363 of

IPC and during the investigation, the Police arrested these

petitioners along with others who are in all 32 accused

persons. During the investigation, the Police requested the

Magistrate to invoke the provisions under Sections 370,

317, 365, 368, 392, 420,