Hon'ble Pankaj Mithal,J.
Heard learned counsel for the petitioners and learned AGA for the State.
A First Information Report has been lodged against petitioner nos. 2 to 4 under section 363, 366, 504 and 506 IPC, with the allegation that Madhuri @ Marjina @ Rehana, who is about 15 years of age is missing since 16.5.2011 and on inquiry it was revealed that petitioner no. 2 has abducted her.
A supplementary affidavit has been filed by petitioner no. 2 pointing out that on 22.6.2011 at about 6.00 p.m. when he was returning from the High Court with Madhuri, some police officers of Police Station Jhunsi took petitioner no. 1 in custody and detained her.
On 23.6.2011 an order was passed by this Court directing the police officer concerned to produce petitioner no. 1 before the Court on 24.6.2011 and the police officer shall also remain present in the Court.
Learned Additional Government Advocate has stated that the petitioner no. 1 was not taken into custody on 22.6.2011 by the police officer but she has been taken away from Chhatnag, Allahabad to Maharajganj by her Uncle and father and now, she is residing with her parents in Maharajganj.
Petitioner no. 2 Vijay Kumar is present in the Court. It is very doubtful that he has attained majority. We, therefore, direct that petitioner no. 2-Vijay Kumar shall appear before the Chief Medical Officer, Allahabad within four days from today for his medical examination for determination of his actual age. The Chief Medical Officer, Allahabad shall submit a report before the Court through Additional Government Advocate within seven days.
In view of the supplementary affidavit filed by Vijay Kumar, we direct that Senior Superintendent of Police, Allahabad to conduct an inquiry and file an affidavit as to whether petitioner no. 1 was picked up by the police officer from out-side of the High Court premises or whether she was picked up by her Uncle/father from Chhatnag, Allahabad.
As it has been stated by learned Additional Government Advocate that petitioner no. 1- Madhuri @ Marjina @ Rehana is now residing with her parents at Maharajganj, we direct that the Superintendent of Police, Maharajganj to ensure the presence of petitioner no. 1 before the Court on the date fixed, so that her statement can be recorded.
Respondent no. 3 is represented by Sri Atiq Ahmad Khan, who has filed caveat, but he has not appeared.
Issue notice to the respondent no. 3 through R.P.A.D. Steps be taken within 3 days.
Learned AGA shall also send a copy of the writ petition to Superintendent of Police, Maharajganj for service upon respondent no. 3.
Learned counsel for the petitioners shall also inform Sri Atiq Ahmad Khan about the order passed by the Court.
List on 11.7.2011.
Till the next date of listing petitioners Vijay Kumar, Sanjay Kumar, Smt. Kalawati and Sindu shall not be arrested in Case Crime No. 1032 of 2011, under sections 363, 366, 504, and 506 IPC, P.S. Kothibhar, District Maharajganj.
Copy of this order be given to learned AGA free of cost by 25.6.2011.
Order Date :- 24.6.2011 Gss