Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7385 of 2018 Petitioner :- Smt. Nisha Ansari And 9 Ors.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Pradeep Saxena Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Pradeep Saxena, learned counsel for the petitioners, Sri R.K. Mishra, learned brief- holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 1.3.2018, registered as case crime no.80 of 2018, u/s 363, 370, 342, 504, 506 IPC, and 3/4 POCSO Act, P.S. Bhamaura, district Bareilly.
Learned counsel for the petitioners submits that the statement of the victim-petitioner no.1 under Section 164 Cr.P.C has already been recorded by the learned Magistrate but her medical examination has not been conducted till date.
Considering the submissions made by the learned counsel for the petitioners that the kidnapped girl shall be produced before the court concerned, it is directed that in case the alleged kidnapped girl Km. Nisha Ansari appears/produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, the learned Magistrate concerned shall fix a date for the same purpose, on that date 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, till then no coercive step shall be taken against the petitioners, in default of it, it shall be opened 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 opened to the police authority to arrest the petitioners. 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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.3.2018 Gaurav