Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3473 of 2021 Petitioner :- Smt. Manisha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 10:59:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
One of the petitioners is said to be alleged victim of present Case Crime No. 149 of 2021 under Section 366 I.P.C., Police Station New Mandi, District Muzaffar Nagar, who now conveys that she has married to Vishesh who is alleged to be her abductor therein. Petitioner no.3 is also shown as co-accused therein.
Perused the records.
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 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 having prima facie proved the case in view of the latest decision of the Apex Court and so as to see that accused no.2 who has entered into wedlock with victim, accused may not be arrested in special facts.
With these observations, this petition stands disposed of without notice to respondent No.4.
Order Date :- 10.5.2021 Ram Murti Digitally signed by Justice Ajit Singh Date: 2021.05.13 10:59:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad