Mohd. Sharafat v. State of U. P. Thru. Prin. Secy. Home Deptt.
2015-06-29
ANIL KUMAR, ARUN TANDON
body2015
DigiLaw.ai
JUDGMENT Arun Tandon and Anil Kumar,J. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the State. Petitioners seek quashing of the First Information Report dated 7th June, 2015, registered as case Crime No. 208 of 2015, under Sections 363 and 366 of the Indian Penal Code, Police Station-Hasangaj, District Unnao. 2. Newly impleaded respondent no. 5 Sapna Singh @ Upasana (victim girl) and accused petitioner no.1 Mohd. Sharaft are present in the Court today. They have been identified by Sri S.W.H. Rizvi, the learned counsel appearing on their behalf. 3. We have examined the impugned first information report. We find that it discloses a cognizable offence. No case for quashing of the same is made out. The prayer in that regard is rejected. 4. However, considering the submission made by the learned counsel for the petitioners that the alleged kidnapped girl is major and she has performed the marriage with her free will and consent, it is directed that if the alleged kidnapped girl appears/ is produced before the court of learned Magistrate concerned, within a month from today, he shall satisfy himself as to whether the girl is major or not and shall record her statements under section 164 Cr.P.C. The Magistrate concerned shall fix a date for the same purpose. Till then, no coercive step shall be taken against the petitioners. In case of default, it shall be open to the police authority concerned to arrest the petitioners. 5. If the kidnapped girl is found major and she 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. 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 accused. 6. It is directed that issue of custody of the alleged kidnapped girl shall be decided by the learned Magistrate concerned in accordance with law. 7. It is further directed that in case the petitioners approach the S.S.P. concerned to provide them protection for the purposes of appearing before the court concerned to record the statement of the kidnapped girl under section 164 Cr.P.C., and for medical examination, the same shall be provided. 8.
7. It is further directed that in case the petitioners approach the S.S.P. concerned to provide them protection for the purposes of appearing before the court concerned to record the statement of the kidnapped girl 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.