Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3119 of 2021 Petitioner :- Smt. Lokesh @ Mona Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- G.A.,Yogesh Kumar
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By means of present petition, petitioners have challenged the impugned F.I.R. dated 7.2.2021 registered as Case Crime No. 0105 of 2021 under Section 366 I.P.C., Police Station Khurja Nagar, District Bulandshahar.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the records.
Sri Yogesh Kumar, learned counsel, appearing for the caveator- respondent no.4 has very rightly raised an objection that he is not aware as to whether the girl has been forcibly taken away or she herself went out of her free will and with a view to safeguard the interest of petitioner no.2, she has filed petition.
We are not going into the genesis of the case. Prima facie, it appears that petitioner nos.1 and 2 have entered into wedlock. This Court feels that the police authorities will investigate the matter and will get recorded the statement of the alleged victim by a magistrate under Section 164 Cr.P.C. and after getting the statement of the alleged victim recorded will act as per law and if the investigating authority feels that it is necessary to ascertain the age of the alleged victim then she may be medically examined.
This exercise may be undertaken after the pandemic is eased or certain relaxation is provided in the pandemic.
The petitioners shall appear before the police authorities within one month, if there is no Covid related curfew.
The accused, who has entered into the wedlock with the victim and has prima facie proved the case in view of the latest decision of the Apex Court, may not be arrested till then.
It is also observed that parents be permitted to meet the girl as they were over apprehensive that she might have been taken away forcibly.
With these observations, this petition stands disposed of. Order Date :- 11.5.2021 Ram Murti