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2012 DIGILAW 1399 (ALL)

Preeti & Another v. State of U. P. & Others

2012-06-29

ANURAG KUMAR, RAVINDRA SINGH

body2012
Anurag Kumar, J.;— Heard the learned counsel for the petitioners and the learned A.G.A. 2. This petition has been filed by the petitioners with a prayer to quash the F.I.R. in case crime no. 83 of 2012 under sections 363, 366 I.P.C., P.S. Pali Mukeempur, district Aligarh. 3. From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. 4. However, considering the submission made by the learned counsel for the petitioners that the kidnapped girl Km. Preeti is major and she has performed the marriage with petitioner no. 2 and she is living in his company as his house wife with her free will and consent, it is directed that in case the alleged kidnapped girl Km. Preeti appears/ produced before the court of learned C.J.M., Aligarh within 20 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C., the learned magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before CMO concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be open to police authority concerned to arrest the petitioners, if she is found major and does not support the F.I.R. version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. 5. In case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners. 6. It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the C.J.M. concerned in accordance with law. 7. 5. In case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners. 6. It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the C.J.M. concerned in accordance with law. 7. It is further directed that in case the petitioners approach the S.P./SSP, Aligarh to provide them protection for the purpose of appearing before the court concerned to record the statement of the kidnapped girl Km. Preeti under section 164 Cr.P.C.and for medical examination, the same shall be provided. 8. With the above direction this petition is finally disposed of. _