Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State of U.P This petition has been filed by the petitioners Jawed and Khushnuma with a prayer to quash the impugned F.I.R. and not to arrest and harass the petitioners in pursuance to the F.I.R in Case Crime No.665 of 2013, under Sections 363 and 366 I.P.C., Police Station-Kotwali Nagar, District-Gonda.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the interim order dated 6.9.2013 by which till the next date of listing, the arrest of the petitioners have been stayed and the submission of learned counsel for the petitioners that in the present case the prosecutrix has performed marriage with the petitioner no.1, it is directed that the petitioner no.1 shall produce the prosecutrix Khushnuma before the court of learned C.J.M., Gonda within 20 days from today, in case Khushnuma is produced before the court of learned C.J.M., Gonda, the I.O. and first informant of this case shall be summoned to identify the victim Khushnuma after identification she shall be medically examined by the C.M.O., Gonda and her statement shall be recorded by learned magistrate concerned under sections 161 and 164 Cr.P.C. In case it appears that she is major and she does not support the prosecution story, the petitioner no.1 shall not be arrested till the submission of the police report under section 173(2) Cr.P.C. In default of it, it shall be open to the I.O. to make the arrest of the petitioner no.1.
It is further directed that learned C.J.M., Gonda shall pass an appropriate order with regard to the custody of the victim Khushnuma in accordance with the law.
Interim order dated 6.9.2013 is hereby vacated With the above directions, this petition is finally disposed of.
Order Date :- 11.7.2014 Rabindra Kumar