Prakash Tatia, A.C.J.
1. By Court Heard learned Counsel for the parties.
2. The Petitioner has challenged the criminal case arising out of Public Complaint Report (PCR) Case No. 613 of 2003, Trial Case (T.R.) No.
919 of 2004 has been registered in the court of Judicial Magistrate, 1st Class, Godda, wherein the Judicial Magistrate after taking inquiry u/s 202
Code of Criminal Procedure took cognizance for offence punishable u/s 365 of the Indian Penal Code vide order dated 30th January, 2004. The
Petitioner''s contention is that the complaint is absolutely false and frivolous as there is no sister of the complainant and Petitioner has been wrongly
implicated by submitting that Petitioner has abducted the girl.
3. From the facts above, it is clear that no such factual inquiry can be conducted in the writ petition, so as to find out whether complainant has
sister or not or whether the Petitioner has abducted the girl or not and particularly in view of the fact that trial court took the cognizance after
recording evidence of the witnesses, who fully supported the case of the complainant. Therefore, I do not find any illegality in the order taking
cognizance by the learned trial court.
4. There being no merit, the writ petition is dismissed.
