Heard learned counsel for the applicants and the learned A.G.A. This application has been filed with a prayer to quash the charge sheet dated 4.11.2007 in case crime no. 20088 of 2007 under sections 366,120- B I.P.C. P.S. Sihani Gate district Ghaziabad.
It is contended by the learned counsel for the applicant that in the present case the alleged kidnapped girl namely km. Priti is major, she has performed marriage with Ravi Kumar, they are living as husband and wife, from their wedlock one child has been born and without recording her statement the charge sheet has been submitted. In reply to the above contention, it is submitted by the learned A.G.A. that in this case the alleged kidnapped girl has not been recovered, her statement under section 164 Cr.P.C. has not been recorded therefore, a suitable direction may be issued to the court concerned so that her statement may be recorded.
Considering the facts and circumstance of the case it is directed that the alleged kidnapped girl Km. Priti shall be produced by the applicant in the court of learned C.J.M. Ghaziabad 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 medically examined by the C.M.O. for determining her age, then her statement shall be recorded under section 164 Cr.P.C. the learned magistrate concerned shall decided the the issue of her custody in accordance with law. The medical examination report and the copy of the statement recorded under section 164 Cr.P.C. and the order passed by the learned magistrate with regard to her custody shall be communicated to this court on or before 17th May, 2010.
Till then no coercive measures shall be taken against the applicants. List on 17th May, 2010.
Order Date :- 2.4.2010 N.A.