Hon'ble Vishnu Chandra Gupta,J.
Learned counsel for the petitioners is not present.
Heard learned A.G.A.
This petition has been filed by the petitioners Naseem Ahmad Khan And Anr. with a prayer to quash the FIR of case crime No. 1799 of 2013 under section 366 IPC, P.S. Kotwali Nagar, District Bahraich.
From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizance offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
The interim order dated 2.12.2013 is hereby vacated.
However, considering the submissions made by the learned counsel for the petitioners that the kidnapped girl Shagufa Khan @ Huma is major and she has performed the marriage with Mohd. Arshad and she is living in his company as his house wife with her free will and consent, it is directed that in case the alleged kidnapped girl Shagufa Khan @ Huma appears/produced before the court of learned C.J.M. Bahraich within 20 days from today and moves an application for her medical examination, 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, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C. the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. In case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioner. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 25.7.2014/RPD