Kajal And Another vs State Of U.P. And 4 Others on 22 February, 2019
It appears that subsequently the father of the victim Charan Singh, respondent no. 5 lodged an FIR alleging therein that his minor daughter Kajal, aged about 15 years, had left the house on 16.9.2018 for throwing the garbage, but she did not return. He suspected that Shivam Kumar might have enticed away his daughter. The FIR was registered as case crime no. 574 of 2018, under Sections 363 and 366 I.P.C. The copy of the FIR has also been annexed as Annnexure-1 to the writ petition. From the record it appears that being aggrieved against the lodging of the FIR, the petitioner no. 1, Kajal and her husband Shivam Kumar preferred a writ petition being criminal misc. writ petition no. 27073 of 2018 (Kajal and another vs. State of U.P. and another) before another Division Bench of this Court and this Court vide its order dated 1.10.2018 had directed that in case the alleged kidnappee Kajal appears/produced before the Court of learned Chief Judicial Magistrate, Amroha within 20 days from today and moves an application for her medical examination, recording her statement under Sections 161 and 164 Cr.P.C., the learned Magistrate concerned shall fix a date for the same prupose, on that date the first informant and officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. Concerned by the concerned police officer for her medical examination thereafter she shall be produced before C.J.M. Concerned for recording her staement under Section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners. It was further directed that if the detenue Kajal is found major and does not support the F.I.R. version, the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. It was further directed that in case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioner. It was also directed that issue of custody of the alleged kidnapped girl shall also be decided by the CJM concerned in accordance with law.