Allahabad High Court
Kajal Pandey And 2 Others vs State Of U.P. And 3 Others on 31 July, 2020
Bench: Shashi Kant Gupta, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 7177 of 2020 Petitioner :- Kajal Pandey And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A. Hon'ble Shashi Kant Gupta,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 25.06.2020 in Case Crime No. 170 of 2020, under sections 363, 366, 352, 504 IPC, Police Station Phoolpur, District Azamgarh.
From the perusal of the impugned 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, considering the submission made by the learned counsel for the petitioners that alleged kidnapped girl namely Kajal Pandey shall be produced within 20 days from today before the Court concerned for recording her statement under Section 164 Cr.P.C. It is directed that in case the alleged kidnapped girl namely Kajal Pandey is produced within 20 days from today before the Chief Judicial Magistrate, Azamgarh (where she shall be identified by the first informant and the officer in charge of the police station concerned), she shall be produced before the C.M.O., Azamgarh by the I.O. or the police officer concerned for her medical examination to determine her age etc.. Thereafter, on the application filed by the I.O. or the Officer In charge of the police station concerned, the statement of the alleged kidnapped girl Kajal Pandey shall be recorded under section 164 Cr.P.C. by the C.J.M. concerned.
Till then no coercive steps shall be taken against the petitioners.
In case, the alleged kidnapped girl namely Kajal Pandey appears to be major and does not support the prosecution story, the petitioner shall not be arrested till the submission of the police report under section 173(2) Cr.P.C. In case, the alleged kidnapped girl namely Kajal Pandey appears to be minor or supports the prosecution story, the petitioner may be arrested by the I.O. in accordance with law. In default of the production of the alleged kidnapped girl namely Kajal Pandey in the above mentioned case, the I.O. shall be free to make arrest of the petitioner.
With the above direction this petition is finally disposed of.
Order Date :- 31.7.2020 JK Yadav