Full Judgment
Criminal Revision No.04/2005 31/07/2013 Shri J.K.Verma, counsel for the applicant.
Shri Umesh Pandey, Government Advocate, for the State.
None for the respondents No.1 and 2.
Applicant Ku.
Nirupma Poddar is present before this Court.
She has been identified by her counsel Shri J.K.Verma.
Applicant has filed this revision against the order dated 18th August, 2004 passed by Sub Divisional Magistrate, Khandwa in Misc.
Criminal Case No.51/2004 whereby the learned Magistrate ordered for appearance of applicant.
In short the facts of the case are that applicant, aged about about 27 yeaRs.happened to be the daughter of non- applicant No.1 Mohan Prasad Poddar.
On 23.3.2003, she left her house and went to some unknown destination.
In this regard, a missing report was lodged by Mohan Prasad Poddar on 8.1.2004 at Police Station Moghat Road, Khandwa and a case was registered.
It was suspected that UtkaRs.Datt Malviya, non-applicant No.2, had abducted applicant.
The Sub Divisional Magistrate, after considering the material on record, issued a search warrant under Section 97 Cr.P.C.for the search of applicant.
In the court of Sub Divisional Magistrate, applicant sent an application stating that she was a major girl of about 28 years of age.
Her date of birth was 12th June, 1976.
She had passed M.A.Final in Indian Music (Vocal) in March 2000.
She was interested in music, therefore, to fulfill her ambition, she had left Khandwa for Bombay.
She had no connection with UtkaRs.Datt.
Since he was neighbour, he was known to her.
In support of her application, she had also filed an affidavit, but these application and affidavit were not considered by the Sub Divisional Magistrate and it was directed that applicant should appear personally in the court of Sub Divisional Magistrate, Khandwa.
Applicant has filed this revision challenging the aforesaid order on the ground that she is major and she had left her house out of her own free will without having forced or compelled by any one.
On the direction of this Court, applicant Nirupma Poddar has appeared before this Court.
She submits that out of her own free will she is living at Nasik.
She has given her address as 'Sai Darshan Row House-2, Pipal Pati Road, Jail Road, Nasik, Maharashtra'.
She has also produced her high school certificate/mark sheet wherein her date of birth is mentioned as 12.06.1976.
Learned counsel for the applicant submits that in view of the fact that applicant is a major lady, the issuance of search warrant against her is without jurisdiction, since it affects her liberty.
Learned counsel for the State has not opposed the fact that applicant is a major woman.
From her personal appearance, applicant appears to be a lady of about 35-36 years of age.
In my opinion, she cannot be compelled to appear before the Court of Sub Divisional Magistrate, Khandwa.
Taking into consideration the above circumstances, I deem it appropriate to set aside the impugned order.
Accordingly, the order dated 18th August, 2004 passed by the Sub Divisional Magistrate, Khandwa in Misc.
Criminal Case No.51/2004 directing production of applicant Nirupma Poddar before his Court is set aside.
Revision allowed.
(Rakesh Saksena) Judge shukla