Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14173 of 2018 Petitioner :- Rihana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar,Rahul Kumar Tiwari Counsel for Respondent :- G.A.,Ajay Kumar
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, learned counsel for respondent no. 4 and learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR of case crime no. 0108/2018 under Section 363/366 IPC P.S. Chharra, District Aligarh.
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.
However, 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 appears/produced before the court of concerned C.J.M. within 30 days from today and moves an application for her medical examination, recording her statement under sections 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 girl shall also be decided by the CJM concerned in accordance with law.
It is being made clear that the family members of the girl will not interfere in the process as mentioned aforesaid.
Respondent no. 4 and other family members of the girl are hereby restrained/injuncted from interfering in the peaceful living of petitioner nos. 1 and 2 and in case, they indulge in any act of violence or threat, they will be personally answerable to this Court in violation of our orders of injunction passed today.
With the above direction this petition is finally disposed of.
Order Date :- 29.5.2018 Anand