Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2691 of 2021 Petitioner :- Smt. Hari Prabha And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Shamim Khan,Deepak Singh Patel 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 petitioners No. 2 to 4.
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. 1 has solemnised marriage with petitioner No. 2. A copy of marriage certificate has been filed with this petition as Annexure No. 3 which is alleged to have been issued by Arya Samaj. A copy of the online marriage registration papers of petitioners No. 1 and 2 has also been filed with this petition as Annexure No. 4.
However, learned counsel for the petitioners is not available on virtual link. In this situation we cannot pass an order after hearing the government pleader and perusing the petition, which is not in favour of the petitioners.
The First Information Report dated 05.03.2020 was lodged by the respondent No. 4 as Case Crime No. 0175 of 2020 under Sections 363, 366 IPC, Police Station - Kotwali, District - Mainpuri alleging therein the elopement of his daughter, who is now petitioner No. 1 before us with the aid of petitioners No. 2 to 4.
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 05.03.2020 bearing Case Crime No. 0175 of 2020, under Sections 363, 366 IPC, Police Station - Kotwali, District - Mainpuri shall go on.
b). The statement of the prosecutrix namely petitioner No. 1 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. 1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioners No. 2 to 4 shall not be arrested or coercively dealt with till the investigation is over.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands partly allowed.
Order Date :- 7.5.2021 LBY