Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3200 of 2021 Petitioner :- Fejan And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ainul Haq Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This petition is also preferred by the prosecutrix (alleged victim) who is said to have been allured by the petitioner No.1.
The factual data as of today is that the petitioner No. 1 is not a minor as she has made assertion on oath and has filed the xerox copies of certain documents. It is also averred that petitioner No. 2 has solemnised marriage with petitioner No. 1 out of her own sweet will and volition. They are living as husband and wife.
The First Information Report dated 25.03.2021 was lodged by the respondent No. 4 against the petitioner No. 1, Fejan, which is registered as Case Crime No. 170 of 2021 under Sections 363, 366 IPC, Police Station - Khatauli, District - Muzaffarnagar. It is has been alleged therein that the petitioner No. 1 has allured his daughter, who is now petitioner No. 2 before us.
Having perused the documentary evidence available on record of this case, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 25.03.2021 bearing Case Crime No. 170 of 2021 under Sections 363, 366 IPC, Police Station - Khatauli, District - Muzaffarnagar shall go on.
b). The statement of the prosecutrix namely petitioner No. 2 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
c). If the Investigating Authority is satisfied that the prosecutrix namely petitioner No. 2 needs to be medically examined for ascertaining her age, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner No. 1 shall not be arrested or coercively dealt with till the investigation is over.
However, if there is any cogent and concrete evidence against the petitioner found during the investigation showing the involvement of the petitioner in commission of the offence as alleged in the FIR, this interim order will not come in the way of the police authorities.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 12.5.2021 LBY