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Allahabad High Court · body

2016 DIGILAW 2443 (ALL)

Pooja v. State of U. P.

2016-07-14

ALOK KUMAR MUKHERJEE, BHARAT BHUSHAN

body2016
JUDGMENT Heard Sri Mahesh Kumar Kuntal, learned counsel for the petitioners, learned AGA and perused the material on record. 2. By means of this writ petition, the petitioners have prayed for quashing the First Information Report ated 11.5.2016 lodged by respondent no. 3 against them in Case crime no. 415 of 2016 under sections 363, 366 IPC, Police Station Sadar Bazar, District Agra. 3. Petitioners have earlier filed Criminal Misc. Writ Petition No. 12584 of 2016 (Smt. Pooja and Another versus State of U.P. and others), wherein following order was passed : - "However, considering the submissions made by the 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 Pooja appears/produced before the court of learned C.J.M., Agra 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 & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 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 step 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 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 petitioner. 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. 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." 4. 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. 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." 4. Meanwhile, second writ petition for the same cause of action is not sustainable. Accordingly, the writ petition is dismissed.