Research › Search › Judgment

Allahabad High Court · body

2013 DIGILAW 1677 (ALL)

Vishwanath Pratap Singh v. State of U. P. and Others

2013-06-25

KARUNA NAND BAJPAYEE, RAKESH TIWARI

body2013
Rakesh Tiwari, Karuna Nand Bajpayee, J.;— This writ petition has been filed by the petitioner for quashing of FIR of case crime No. 234 of 2013, under section 363,366 IPC, registered at P.S. Sahawar, district Kanshi Ram Nagar. 2. Heard counsel for the petitioner and learned A.G.A and perused the record. 3. Petitioner Vishwanath Pratap Singh (hereinafter referred to as the petitioner boy) and Ajit Kaur daughter of Mahendra Singh (hereinafter referred to as the girl), are present in this Court and they have been identified by their lawyer. They claim to have voluntarily married out of their own volition and sweet will and that they are living together without any coercion and compulsion and also deny that there has been any kidnapping or abduction. 4. In paragraph no. 13 of the writ petition it is averred that the petitioner boy and the girl both are major. 5. In the peculiar circumstances of the case, we direct petitioner boy to produce the girl before the Chief Judicial Magistrate/Magistrate concerned, within two weeks from today, who shall direct the Investigating Officer to produce her before the C.M.O. concerned for the purpose of getting her medical examination done for ascertaining her age as per her appearance and also by a radiological examination. The age certificate will bear the self attested photograph of the girl. 6. In case the CMO conclusively reports that she is 18 years in age or above or if, in the event of the Chief Medical Officer's report being inconclusive, the concerned Magistrate on enquiry finds the girl to be major, he shall record her statement under section 164, Cr.P.C. For the purpose of ascertaining her age, the Magistrate may take whatever evidence he deems proper and necessary in this regard apart from giving opportunity to the father/guardian of the girl to furnish relevant material in this regard. The Investigating Officer shall provide all necessary assistance to the C.J.M./J.M. concerned for ensuring compliance of aforesaid directions including production of the girl before the Magistrate concerned whenever required. 7. If the girl is found to be major and her statements under section 161 and 164,Cr.P.C. are favourable to the accused petitioner, the I.O. may make adequate legal use of the same for the purposes of investigation and shall keep them in view while deciding the nature and appropriateness of the report to be submitted under section 173, Cr.P.C. 8. If the girl is found to be major and her statements under section 161 and 164,Cr.P.C. are favourable to the accused petitioner, the I.O. may make adequate legal use of the same for the purposes of investigation and shall keep them in view while deciding the nature and appropriateness of the report to be submitted under section 173, Cr.P.C. 8. In case the girl is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders regarding her custody as he deems fit and proper. 9. Till the disposal of the aforesaid proceedings before the CJM concerned as provided herein above, the arrest of the petitioner in the aforesaid case shall remain stayed. In case the petitioner boy fails to fulfill any of the conditions mentioned hereinabove, the stay of arrest granted by this Court shall stand vacated. 10. With the aforesaid observations, the writ petition is disposed of. _____________