Hon'ble S.C. Agarwal,J.
Issue notice to opposite party No. 3. Certified copy of this order will be issued only after steps have been taken.
Counter affidavit may be filed by the opposite party as well as by the AGA within four weeks. Rejoinder affidavit may be filed within two weeks. List thereafter before the appropriate Court. It shall not be treated as tied-up or part-heard and shall stand released from the order of assignment.
The petitioners will not be arrested for a period of one month in case crime No. 4 of 2010 under sections 363/366 I.P.C. P.S. Sikandra Rao district Hathras provided the petitioners cooperate with the investigation which is not being stayed and which should be completed expeditiously and also subject to the condition that Sunita is produced by the petitioners before the CJM of the district within 15 days from today along with a certified copy of this order.
The CJM, Hathras will get the girl medically examined for determining her age. The medical report will bear the photograph of the girl.
Thereafter, the CJM will record the statement of the girl under section 164 Cr. P.C. after ensuring that the statement is not being given under any undue influence or coercion because of the custody from which she has been produced. The statement recorded by the CJM will also bear a photograph of the girl. The statement of the girl shall be recorded after due intimation to the complainant so that he may identify Sunita before the CJM.
Order Date :- 27.1.2010 AM/-