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Allahabad High Court · body

2016 DIGILAW 2219 (ALL)

Saleem Ahmad v. State of U. P. Thru Secy. (Home)Civil Sectt. Lucknow

2016-06-20

RAMESH SINHA, VINOD KUMAR SRIVASTAVA-III

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JUDGMENT Heard Sri Jalaj Kumar Gupta, learned counsel for the petitioners, Sri R.K.Dwivedi learned A.G.A. for the State and perused the record. 2. This petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 7.6.2015, registered as Case Crime No.966 of 2016, under Sections 363, 366 I.P.C., Police Station Motipur, District Bahraich. 3. It has been contended by the learned counsel for the petitioners that the petitioner no.1 has married the petitioner no.2 who is daughter of respondent no.2, who as per the Adhar Card is a major girl aged about 18 years, copy of which is annexed as Annexure-3 to the writ petition. 4. From the perusal of the F.I.R. it appears that on the basis of allegation made therein the prima-facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the impugned F.I.R. is refused. 5. However, considering the submissions advanced by learned counsel for the petitioners that the kidnapped girl shall be produced before the court concerned, it is directed that in case the alleged kidnapped girl, namely, Smt. Nageena appears/produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement u/s 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 concerned shall be summoned, she shall be produced before C.M.O concerned by the police officer for her medical examination thereafter she shall be produced before C.J.M. concerned for recording her statement u/s 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 steps shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested in above mentioned case, till the 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 petitioners. 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. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them. 6. It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the CJM concerned in accordance with law. With the above direction this petition is finally disposed of.