Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26215 of 2019 Petitioner :- Machhla And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sharan Giri Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner, learned AGA for the State-respondent and perused the record.
It is contended in the writ petition both the petitioners No.1 and 2 are major and they have married out of their own sweet will. The petitioners No.3 and 4 have no role to play in the elopement of petitioner No.1, rather petitioner No.1 had left her house without any inducement or pressure.
Be that as it may, there is nothing on record which could indicate the correct date of birth of petitioner No.1, girl, namely, Smt. Machhla, D/o Brahmdev.
In the first information report, her age has been mentioned as 17 years.
We deem it fit and proper in the facts and circumstances of the case that the petitioner No.1, namely, Smt. Machhla, D/o Brahmdev shall be produce before the C.J.M., Aligarh on or before 02.01.2020. Upon her production, the C.J.M., Aligarh shall proceed to record the Statement of girl to ascertain as to whether she has been subjected to any force or inducement or she has been voluntarily in the company of petitioner No.2. In case the girl/victim deposes before the C.J.M. that force has been used on her, the C.J.M. shall proceed to pass an appropriate order immediately in respect of custody/protection of the victim.
However, in case the girl/victim deposes that she has been voluntarily in the company of the petitioner No.2 or any other person and that she has not been subjected to any inducement or force, the Magistrate shall call upon the Investigation Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording the statement of the victim under Section 164 Cr.P.C.
On the basis of statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed within a period of three weeks from the date of production of the victim before the C.J.M. concerned. Till 02.01.2020 or the date on which the victim is produced before the C.J.M., whichever is earlier, no coercive action shall be taken against the petitioner in the above case. Thereafter, in case the victim is produced before the C.J.M., as directed above, the accused shall be dealt with as per the statement of the victim.
It is further clarified that in case the victim is not produced by the date fixed as above, there shall be no protection and the Investigating Agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
With the above observations and directions, the writ petition is disposed of.
Order Date :- 20.12.2019 Nitin Verma