Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34589 of 2018 Petitioner :- Abhishek And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deependra Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Deependra Yadav, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 6.11.2018 registered as Case Crime No.0694 of 2018 under sections 363,366,120B and 506 I.P.C, P.S. Kotwali District Etawah.
From the perusal of the FIR, it appears that on the basis of allegations made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the informant & 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 CJM concerned for recording her statement 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, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. In case the alleged victim 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 petitioners. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally
disposed of.
Order Date :- 30.11.2018 RS