Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants with a prayer to quash the proceedings of Criminal Case No. 4914 of 2007 under sections 366, 323, 506 I.P.C., P.S. Sipri Bazar,district Jhansi pending in the court of learned A. C.J.M., Court No. 6, Jhansi.
It is contended by learned counsel for the applicants that the alleged kidnapped girl Km Nazma is major, she has performed the marriage with applicant no.1 Monu @ Nadeem, her statement under section 164 Cr.P.C. in case crime No. 1525 of 2007 under sections 363,323,506 I.P.C., P.S.Sipri Bazar, District Jhansi has not been recorded and the charge sheet has been submitted.
Considering the submission made by learned counsel for the applicants and learned A.G.A., it is directed that the alleged kidnapped girl Km. Nazma shall be produced by the applicants before the court of learned C.J.M. concerned within 20 days from today, she shall be identified by O.P.No. 2 and the I.O. of this case, after identification, she shall be produced before the C.M.O. Jhansi to determine her age, thereafter her statement shall be recorded under section 164 Cr.P.C. After recording the statement, the issue of her custody shall be decided by the learned C.J.M. Jhansi in accordance with law.
The medical examination report, copy of statement recorded under section 164 Cr.P.C. of the alleged kidnapped girl and copy of order with regard to issue of custody shall be sent by the learned CJM concerned to this Court on or before 30.3.2010.
List this case on 30.3.2010.Till then no coercive steps shall be taken against the applicants.
Order Date :- 2.2.2010 Su