Allahabad High Court
Fiza Khan And Another vs State Of U.P. And 3 Others on 30 July, 2020
Bench: Shashi Kant Gupta, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 7140 of 2020 Petitioner :- Fiza Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Upadhyay,Pankaj Kumar Gupta 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 28.01.2020 in Case Crime No. 23 of 2020, under sections 363, 366 IPC, Police Station Gopiganj, District Sambhal.
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 Km. Fiza Khan 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 Km. Fiza Khan is produced within 20 days from today before the Chief Judicial Magistrate, Sambhal (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., Sambhal 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 Prashansa Singh 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 petitioner.
In case, the alleged kidnapped girl namely Km. Fiza Khan 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 Km. Fiza Khan 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 Km. Fiza Khan 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 :- 30.7.2020 JK Yadav