Allahabad High Court
Mohammad Naseem & Others vs State Of U.P. & Others on 29 June, 2010
Bench: Ashok Bhushan, Yogesh Chandra Gupta
Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11161 of 2010 Petitioner :- Mohammad Naseem & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Sameer Jain Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon'ble Yogesh Chandra Gupta,J.
By means of this writ petition the petitioners have prayed to quash the FIR dated 11/5/2010 registered at case Crime No. 226 of 2010 under Sections 363, 366 and 506 I.P.C. at Police Station Cantt, District Varanasi. Heard learned counsel for the petitioners, learned AGA and perused the record.
From perusal of the FIR it appears that on the basis of allegations made therein, a prima facie cognizable offence is made out. There is no cogent reason for interference in the FIR, therefore, the prayer for quashing the impugned FIR is refused. However, considering the submission made by learned counsel for the petitioners that Shahnaz Parveen, petitioner No. 2 is major and she has performed marriage with petitioner No. 1 Mohammad Naseem and she is living with him as her house wife with her free-will and consent, therefore, in view of the above submissions, we find it appropriate and accordingly direct that in case the alleged kidnapped girl Shahnaz Parveen, petitioner No. 2 appears or is produced before the Court of C.J.M., Varanasi within 20 days from today and moves an application for her medical examination, recording the statement under Sections 161, 164 Cr.P.C. then the learned Magistrate shall fix a date for the same purpose and, on that date the First informant, officer Incharge of the police station concerned or Investigating officer shall be summoned, she shall be produced before the C.M.O. concerned by the concerned police officer for medical examination, thereafter she shall be produced before the C.J.M. for recording her statements under Section 164 Cr.P.C. The same shall be recorded by the C.J.M. on the application filed by the I.O./ officer Incharge of police station concerned. Till then no coercive steps shall be taken against the petitioners. Further if Shahnaz Parveen, is found major and does not support the FIR version, the police authority shall not arrest the petitioners till submission of chargesheet under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. In case the alleged kidnapped girl does not appear/produce as directed above or appears to be minor or if she is major but supports the FIR version, it shall be open to the police authority to arrest the petitioners.
It is further directed that issue of custody of alleged kidnapped girl shall also be decided by the C.J.M. in accordance with law.
With the above directions the writ petition is finally disposed of.
Order Date :- 29.6.2010 LA/-