Gul Afsa Khatoon & 6 Others v. State of U. P. & 2 Others
2013-09-19
RAKESH SRIVASTAVA, SURENDRA SINGH
body2013
DigiLaw.ai
Heard learned counsel for the petitioners and the learned A.G.A. 2. Learned A.G.A has accepted notice on behalf of respondent nos. 1 and 2. 3. Issue notice to respondent no. 3 fixing 31.10.2013. 4. Petitioners to take steps to serve the notice on respondent No. 3 by registered post as well as speed post within three days from today. Office shall send the notice to said respondent within 24 hours thereafter. The respondent no.3 may file counter affidavit by the next date fixed. 5. Petitioner nos.1 and 2, namely, Smt. Gul Afsa Khatoon and Shanshah are present in this Court and they have been identified by their lawyer. Sri Rajesh Kumar Verma, learned counsel for the petitioners states that she has voluntarily married with petitioner no.2 out of her own sweet will and is living with him without any coercion and compulsion. 6. In the writ petition, it is mentioned that petitioner No. 1 is major, but no reliable proof regarding her age has been annexed with the petition. However, from her physical appearance she appears to be major and understands her well-being and also is capable of considering her future welfare. 7. Since, there is no proof of age of Smt. Gul Afsa Khatoon, petitioner no.1 as no school certificate is available, we direct her to appear before the Chief Judicial Magistrate, Budaun within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of Smt. Gul Afsa Khatoon, petitioner no.1. Thereupon, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. 8. The aforesaid statements along with medical report shall be forwarded to this Court within a week thereafter. 9. Sri Rajesh Kumar Verma, learned counsel for the petitioners submits that the husband-petitioner No.2 expresses his willingness to deposit such reasonable amount as may be directed by this Court in a Nationalized Bank/Post Office in the Fixed Deposit Account exclusively in the name of the wife-petitioner. 10. It is accordingly provided that the petitioner no.
9. Sri Rajesh Kumar Verma, learned counsel for the petitioners submits that the husband-petitioner No.2 expresses his willingness to deposit such reasonable amount as may be directed by this Court in a Nationalized Bank/Post Office in the Fixed Deposit Account exclusively in the name of the wife-petitioner. 10. It is accordingly provided that the petitioner no. 2 shall put an amount of Rs.50,000/- (Rupees Fifty Thousand only) in fixed deposit scheme of a nationalized bank/post office for a period of not less than three years in the name of petitioner no.1 (Smt. Gul Afsa Khatoon ) on or before the next date and shall file the photostat copy of the fixed deposit receipt along with supplementary affidavit. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of this Court. The concerned bank/post office shall be instructed by the depositor (petitioner no.2 ) to make a specific note in the record as well as the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the Court. 12. List this case on 31.10.2013 before the appropriate Bench. 13. Till then, the arrest of the petitioners, namely, Smt. Gul Afsa Khatoon, Shanshah, Haidar, Pappu, Praveen, Nasreen and Shahjahan in Case Crime No. 281 of 2013, under Sections 363, 366, 120-B I.P.C., Police Station Binawar, District Budaun, shall remain stayed. _____________