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2013 DIGILAW 893 (ALL)

Bhola @ Sudhir and Anr. v. State of U. P. and Others

2013-03-19

ANIL KUMAR AGARWAL, RAVINDRA SINGH

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Hon'ble Ravindra Singh,J. Hon'ble Anil Kumar Agarwal,J. Heard the learned counsel for the petitioners and the learned A.G.A. This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 175 of 2012, under sections 363, 366 I.P.C., P.S. Bansgaon, District Gorakhpur. From the perusal of the F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference. In the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. However, it is directed that if the alleged kidnapped girl Km. Deepika appears/produced before the court of learned C.J.M. Gorakhpur 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 and officer in charge of the police station shall be summoned, she shall be produced before the C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before the C.J.M. concerned for recording her statement under section 164 Cr.P.C., the same 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 to it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the F.I.R. version, the petitioner shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioner shall co-operate with the investigation. 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. It is directed that issue of custody of the alleged kidnapped girl shall be decided by the C.J.M concerned in accordance with law. It is further directed that in case the petitioner approach the S.S.P. Gorakhpur to provide them protection for the purpose of appearing before the court concerned to record the statement of the kidnapped girl Km. Deepika under section 164 Cr.P.C., and for medical examination, the same shall be provided. With the above direction this petition is finally disposed of. _____________