Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38040 of 2018 Petitioner :- Anushka Singh @ Mansi Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Anil Kumar Prajapati holding brief of Sri Lalit Kumar, learned counsel for the petitioners, Sri J.P. Tripathi, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.12.2018 registered as case crime no. 0224 of 2018 under sections 363 I.P.C. & 8 POCSO Act, police station Biwar, District Hamirpur.
Considering the submissions made by the learned counsel for the petitioners that the kidnapped girl shall be produced before the court concerned, it is directed that in case the alleged kidnapped girl Km. Anushka Singh @ Mansi Singh 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 first 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 opened 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 kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be opened 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 kidnapped girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
(Raj Beer Singh,J) (Ramesh Sinha,J.) Order Date :- 21.12.2018 / Manoj