Allahabad High Court
Rajesh And Ors. vs The State Of U.P Thru Secy., Home Lucknow ... on 7 July, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. BENCH No. - 3686 of 2014 Petitioner :- Rajesh And Ors. Respondent :- The State Of U.P Thru Secy., Home Lucknow And Ors. Counsel for Petitioner :- Shikha Sinha Counsel for Respondent :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard the learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners Rajesh and two others with a prayer to quash the F.I.R. in case crime no. 66 of 2014 under section 363 I.P.C. P.S. Paraspur, District Gonda.
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 the kidnapped girl Km. Pinki shall be produced within 20 days from today, it is directed that in case the petitioners produce the alleged kidnapped girl within 20 days from today before the Chief Judicial Magistrate,Gonda ,where she shall be identified by the first informant and the officer in charge of the police station concerned thereafter she shall be produced before the C.M.O. Gonda 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 shall be recorded under section 164 Cr.P.C. by the learned C.J.M. Concerned, till then no coercive steps shall be taken against the petitioners. In case, the alleged kidnapped girl appears to be major and does not support the prosecution story, the petitioners shall not be arrested till the submission of the police report under section 173(2) Cr.P.C.. In case, the alleged kidnapped girl appears to be minor or support the prosecution story, the petitioners may be arrested by the I.O. In default, of the production of the alleged kidnapped girl in the above mentioned case, the I.O. shall be free to make arrest of the petitioners. It is further directed that issue of custody of the alleged kidnapped girl shall be decided by the C.J.M concerned in accordance with law.
In case the petitioners approach the S.P. Gonda to provide them protection for the purpose of producing the girl before the court concerned to record the statement of the kidnapped girl Km.Pinki, under section 164 Cr.P.C., and for medical examination, the same shall be provided.
The interim order dated2.5.2014 is hereby vacated.
With the above direction this petition is finally disposed of.
Order Date :- 7.7.2014NA