Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15025 of 2019 Petitioner :- Kalam Mohammad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and Km Meena, learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No.141 of 2019 u/s 363, 366 IPC PS Karchana District Prayagraj.
Learned counsel for the petitioners submits that victim Rupa herself is petitioner no.4 and accused Gulam Kadir, who happens to be the husband of victim, is petitioner no. 3. Contention is both are major and they have also solemnized their marriage of their own sweet will without any fear, threat or coercion and they are living happily as husband and wife. Petitioner nos.1 and 2 are the real brothers of petitioner no.3 with whom the girl has eloped.
The Court has been informed by Km. Meena, learned AGA that as per the FIR the girl is 14 years of age. The Court has been further informed that the boy (petitioner no.3) is residing in Bombay and girl (petitioner no.4) is residing in Allahabad. The victim girl has left her house of her own sweet will and she had reached Bombay and thereafter she had contacted the boy (petitioner no3).
Since the Court has been informed that the girl present before this Court today, with the consent of learned counsel for the parties, the Court proceeds to examine her:
Accordingly, the Court has examined the girl, who has made a statement before this Court that her name is Rupa. On being asked from the girl that "aap Allahabad se kahan gayi thi" she has informed the Court that "main Allahabad ke Chheoki station se Bombay gayi thi waha Kalyan Station par utar kar apne premi (petitioner no.3) ko phone kiya aur usko dara dhamka kar bulaya aur phir us se Bombay me shadi kar li." She has further made a statement that "uski umra 18 saal hai aur woh class 8 tak padhi hai aur jo umra uski likhi hai woh galat hai kyon ki uske maata pita ne uski 10 saal ki umra class 1 me admission dilwaya tha".
In view of the aforesaid facts and circumstances, it is directed that petitioner nos. 3 and 4 will be escorted from this Court to the office of Registrar General of this Court by the police constable present in the Court and the Registrar General will immediately co-ordinate with the office of Chief Medical Officer, Allahabad, who in turn will immediately constitute a team of three doctors which would include one lady doctor who will examine the girl Rupa, for the purpose of determining her age today itself. The Chief Medical Officer, Allahabad will also obtain a report of a competent radiologist with regard to the age verification of the girl. The entire exercise will be completed today itself. Thereafter, the Chief Medical Officer, Allahabad will submit a report to this Court through the office of the Registrar General of this Court in a sealed cover today itself.
For the aforesaid purpose the case is posted for 3 o'clock. The girl will again appear before this Court at 3 o'clock.
Km. Meena, learned AGA is directed not to wait for the order that has been passed today and she will immediately proceed to get the compliance of the direction of this Court done.
At 3.00 P.M.
In compliance of the order passed today in the morning itself, the case has been taken up at 3 o'clock. Petitioner no.4 i.e victim girl is present before this Court. The report of the CMO, Prayagraj has also been produced before this Court in a sealed cover, which has been opened by the Bench Secretary, which shows that the age of the girl is 17 years, even as per the opinion of the Radiologist, the radiological age of the girl is above 16 years and below 18 years. The said report of the CMO, Prayagraj is taken on record.
Learned counsel for the petitioners submits that keeping in view the law laid down by the Apex Court in the case of Jaya Mala vs Home Secretary, Government of Jammu and Kashmir, AIR 1982 SC 1297, the benefit of two weeks is to be given.
In view of the facts and circumstances, a case for grant of indulgence has been made out.
Admit.
Learned AGA has accepted notice on behalf of respondent nos.1, 2 and 3.
Issue notice to respondent no.4. Steps be taken within a week.
All the respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within three weeks thereafter.
List thereafter.
Till further orders, the petitioners will not be arrested nor any coercive action will be taken against them in pursuance of the FIR registered as Case Crime No.141 of 2019 u/s 363, 366 IPC PS Karchana District Prayagraj.
Order Date :- 29.5.2019 SP