Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3199 of 2021 Petitioner :- Mithlesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Maohammd Nadeem,Ashish Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
The learned counsel for the petitioners is not present on the virtual link. However, we are not passing any adverse order against the petitioners. Hence, on hearing the learned AGA and looking into the record of this case, we pass the following order:-
This petition is also preferred by the prosecutrix (alleged victim) who is said to have been allured by the petitioners No. 2 to 4.
The factual data as of today is that the petitioner No. 1 is not a minor as she has made assertion on oath and has filed the xerox copies of certain documents. It is also averred that petitioner No. 1 has solemnised marriage with petitioner No. 2. They are living as husband and wife. So far as the age of the petitioner No. 1 is concerned, she is a girl of 19 years as mentioned in the First Information Report itself.
The First Information Report dated 24.03.2021 was lodged by the respondent No. 3 against the petitioners No. 2 to 4, which is registered as Case Crime No. 145 of 2021 under Section 366 IPC, Police Station - Gunnaur, District - Sambhal. It is has been alleged therein that the petitioners No. 2 to 4 have allured his daughter, who is now petitioner No. 1 before us with the aid of petitioners No. 2 to 4.
Having perused the documentary evidence available on record of this case, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 24.03.2021 bearing Case Crime No. 145 of 2021 under Section 366 IPC, Police Station - Gunnaur, District - Sambhal shall go on.
b). The statement of the prosecutrix namely petitioner No. 1 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
c). If the Investigating Authority is satisfied that the prosecutrix namely petitioner No. 1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioners No. 2 to 4 shall not be arrested or coercively dealt with till the investigation is over.
However, if there is any cogent and concrete evidence against the petitioners found during the investigation showing the involvement of the petitioners in commission of the offence as alleged in the FIR, this interim order will not come in the way of the police authorities.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 12.5.2021 LBY