Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1861 of 2018 Applicant :- Indrajeet And Another Opposite Party :- Mr. Arvind Kumar Yadav Counsel for Applicant :- Shamsuddin Ahmad Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and Sri K.R. Singh, the learned Additional Chief Standing Counsel, who has appeared on instructions.
The allegation made in this contempt petition was that despite an order of protection from arrest passed by the writ Court on 19 August 2017, the applicants have been arrested. Pursuant to liberty granted, Sri K.R. Singh has placed on the record instructions which for the purposes of convenience are marked as "X". In order to appreciate the issues raised, it would be relevant to extract the following observations as they appear in the order of the Division Bench:
"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 Shilpa Gautam 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 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 is found 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.
The victim girl who appeared before us apprehends danger of her life and limb and also to her husband.
In these circumstances, we direct the S.S.P. Jaunpur to provide security to the victim girl for recording her statement under Section 164 Cr.P.C.
With the above direction this petition is finally disposed of."
Sri Singh discloses that pursuant to the directions so issued the girl was examined by the Chief Medical Officer who upon due examination found her to be 17-17 1/2 years of age. Her statements thereafter were also recorded by the concerned Chief Judicial Magistrate, who after taking the same on record on 4 October 2017 released the minor girl in the custody of her father.
From the above narration of facts, it is evident that the present petition is misconceived and is consequently dismissed.
Order Date :- 25.4.2018 Arun K. Singh