Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4830 of 2019 Petitioner :- Ballu @ Bablu @ Shahrukh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Ramesh Kumar Pandey, learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 5.2.2019 in Case Crime No.154/2019, under Section 366 IPC P.S. Modinagar, District Ghaziabad.
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 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 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 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.
Order Date :- 21.2.2019 RS