Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3147 of 2021 Petitioner :- Smt. Muskan Jaiswal And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jai Prakash Prasad,Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
The petitioners, who are before us, belong to the same community. The petitioner nos. 1 and 2 have entered into a wed-lock. An F.I.R. alleging that petitioner no.1 has been kidnapped by petitioner no.2 is lodged by respondent no.4 registered as Case Crime No.127 of 2021, under Section 363 IPC at Police Station Shahpur, District - Gorakhpur.
It is submitted that petitioner no.1 is aged about 18 years.
May that as it may be, the documents which are annexed are infact xerox copies. We have to even see the sentiment of the parents whose daughter has been missing since quite some time. At the same time, we cannot be oblivious of the fact that petitioner no.1 has decided to live with petitioner no.2.
The factual data prima facie goes to show that she was not allured but at the same time we would direct the police authorities to verify the age of the girl and her statement be got recorded by the Magistrate concerned after the pandemic period is eased. Petitioner nos. 2 and 3 are friend. Petitioner no.2 is the person, who is alleged to have played the main role.
Learned Counsel for the State has submitted that this petition cannot be entertained.
May that as it may be, at this stage in light of this factual background, we pass the following order which can be said to be an ex-parte order against respondent no.4 so as to mitigate the hardship of all.
Prima facie, it transpires that offence of kidnapping or abducting is not made out but only with a view to see that during this interregnum period what was the status, we direct the police authorities to get the statement of the victim recorded under Section 164 of Cr.P.C. Prima facie, we are satisfied that in the interest of justice petitioner nos. 2 and 3 require to be protected and they shall not be arrested except credible evidence is found against them.
The petitioner shall intimate the police authorities the date when they would appear after the pandemic is over so that the police authorities can even summon the complainant so that the complainant may also feel satisfied and if the police authorities are prima facie not satisfied about the age of the girl and her statement, they may send her for medical examination only for ascertaining her age.
With these observations, this petition is disposed of at this stage with the liberty to revive the same in case of any difficulty.
Order Date :- 12.5.2021 Irshad