Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 26053 of 2019 Petitioner :- Janak Nandani And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bansh Raj Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Bansh Raj Mishra, 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 23.11.2019, registered as Case Crime No.170/2019, under Sections 363/366 IPC, P.S. Mishraulia, Siddharth Nagar.
It's a joint petition on behalf of petitioner no.1 / wife and petitioner no. 2 / husband, supported by a joint affidavit, who are claiming themselves to be a married couple and the victim is major as per her Aadhar Card, which is not an enlisted document under the J.J. Act.
From the perusal of the FIR, it appears that on the basis of allegation 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 the 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 shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the 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. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 19.12.2019 Chandra