Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A.
This petition has been filed by the petitioner Saroj Kumar with a prayer to quash the F.I.R. in case crime no. 355 of 2014, under sections 328, 376, 406, 506 I.P.C. P.S. Thakurganj, district Lucknow.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However considering the interim order dated 8.5.2014 by which till the next date of listing the arrest of the petitioner has been stayed and the submission of learned counsel for the petitioner that in the present case the prosecutrix has performed the marriage with the petitioner, it is directed that the petitioner shall produce the prosecutrix Km. Mamta Gautam before the court of learned C.J.M. Lucknow within 20 days from today, in case Km. Mamta Gautam is produced before the court of learned C.J.M. Lucknow, the I.O. and first informant of this case shall be summoned to identify the victim Km. Mamta Gautam, after identification she shall be medically examined by the C.M.O. Lucknow and her statement shall be recorded by learned magistrate concerned under section 164 Cr.P.C. In case it appears that she is major and she does not support the prosecution story, the petitioner shall not be arrested till the submission of the police report under section 173(2) Cr.P.C. In default of it, it shall be open to the I.O. to make the arrest of the petitioner.
It is further directed that learned C.J.M. Lucknow shall pass an appropriate order with regard to the custody of the victim Km. Mamta Gautam in accordance with the law.
Accordingly this petition is disposed of.
Order Date :- 1.7.2014 RPD