Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 5646 of 2019 Petitioner :- Minakshi Kumari And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh Parmar,Virendra Singh Parmar Counsel for Respondent :- G.A.,Amit Rai,Sanjay Singh
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners, learned counsel for respondent no.4 and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 15.02.2019 in Case Crime No.55 of 2019, under Sections 363 I.P.C., P.S.- Chhapar, District- Muzaffarnagar.
From the perusal of the FIR and the record, it appears that on the basis of allegation made therein, the prima facie cognizable offence is made out. There is no justifiable scope of interfering in the FIR or the investigation of this case. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the kidnapped girl may be directed to be produced before the court concerned to ensure fair investigation, it is directed that in case the allegedly kidnapped girl Smt. Minakshi Kumari appears or is produced before the court of learned C.J.M., Muzaffarnagar within 20 days from today and moves an application for her medical examination and recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose. On that date, the first informant & Officer-in-charge of the police station concerned shall be summoned. Thereafter such girl shall be produced before C.M.O. concerned by the concerned police officer for her medical examination as early as possible, preferably not later than within further twenty days. Her statement under Section 161 Cr.P.C. shall also be recorded. Thereafter, she shall be produced before C.J.M concerned for recording her statement under section 164 Cr.P.C. on the application filed by the I.O./Officer-in-charge of the police station concerned. Till two months from today or till recording of her statement under Section 164 Cr.P.C., whichever is earlier, no coercive step shall be taken against the petitioners and in case of default and non compliance of the Court's direction by the petitioners, it shall be open to the police authority concerned to arrest the petitioners. In case in view of the radiological report and the other educational certificates or birth certificates if any, which the I.O. may collect during investigation regarding the proof of age, the girl is found to be major and if her statements are found favourable to the accused-petitioners, the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C., provided that the petitioners shall co-operate with the investigation. In case the alleged kidnapped girl is found to be minor or if she is found major but supports the prosecution version, it shall be open to the police authority to arrest the petitioners and proceed further in accordance with law. In case the petitioners approach the S.S.P. concerned to provide the security for the aforementioned purpose of complying with Court's direction, the same shall be provided to them.
It is further directed that issue of custody of the alleged kidnapped girl may also be decided by the C.J.M. concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 28.2.2019 shiv