Allahabad High Court
Vishnu Sharma 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. - 7280 of 2020 Petitioner :- Vishnu Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Ojha Counsel for Respondent :- G.A. Hon'ble Shashi Kant Gupta,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 27.05.2020 in Case Crime No.0110 of 2020, under Sections 363, 366 I.P.C., Police Station Aachhalda, District Auraiya.
From a 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 petitioner that alleged kidnapped girl namely Ritika shall be produced within 30 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, Ritika is produced within 30 days from today before the Chief Judicial Magistrate, Auraiya (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., Auraiya 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 Ritika 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, Ritika 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, Ritika 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, Ritika 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 Anand Sri./-