The counsel for the applicant is allowed to correct the name of the applicant.
This application under Section 482 Cr.P.C. has been filed with a prayer that the proceedings of Case Crime No. 130 of 2008 under Section 363, 366 I.P.C., Police Station Satti, District- Kanpur Dehat pending in the Court of C.J.M. Kanpur Dehat, District- Kanpur Dehat, may be quashed. It has further been prayed that till the disposal of the present application the proceedings may be stayed. Learned counsel for the applicant argued that in the Medical Examination report the age of prossecutrix has been found around 18 years. Her statement was recorded under Section 164 Cr.P.C., in which she stated that she had gone with the accused applicant Raju @ Rajiv on her own free will and has married with him. She has further stated that after the marriage they have been blessed with a child. I considered over the matter. Apart from the above medical report and statement, it appears that the applicant and the prosecutrix Smt. Arti had filed criminal writ petition no. 22663/2008 before this High Court. At the time of hearing of that writ petition Smt. Arti was present in the Court and apprised the Court that she has married with the accused Raju on her own free will. In these circumstances the arrest of the petitioner Raju and others was stayed.
I considered over the matter.
The application is admitted.
Issue notice to the Opposite Party no. 2 and 3 returnable at an early date.
The applicant is directed to take appropriate steps by registered post (A.D.) within a week. The Opposite Party no. 2 and 3 shall file the counter affidavit within 3 weeks after the service of the notice and thereafter the applicant may file the rejoinder affidavit with the next two weeks.
Learned A.G.A. has already received the copy of the application and may file the counter affidavit if any in the intervening period. List thereafter, before the appropriate bench. The proceedings of Case no. 4256/2009, Case Crime No. 130 of 2008 under Section 363, 366 I.P.C., pending in the Court of C.J.M. Kanpur/ Dehat, District- Kanpur dehat, shall remain stayed till next date of listing.
Order Date :- 2.2.2010 Mustaqueem Ahmed