Hon'ble Ramesh Sinha,J.
We have heard Sri Shashank Kumar appearing for the petitioners Smt. Uroosa Khan and Shahrukh Muttalib @ Boby who are also present before us.
We have also heard Sri T. A. Khan appearing on behalf of the informant, respondent no.3, father of the petitioner Uroosa Khan.
The entire petition has been framed on the medical certificate granted by the Chief Medical Officer, Dehradun on 29-2-2012 reporting as if the petitioner no. 1, Uroosa Khan were aged about 19 years on that date. To controvert the above evidence the learned counsel appearing on behalf of informant has produced before us the copies of mark-sheet of Board of High School and Intermediate Education, Uttar Pradesh, in respect of petitioner Uroosa Khan which indicates that she was born on 18th June, 1996, thus bringing her below 16 years today also. In the light of these two controversies we direct as under :-
1. The petitioner has to appear before the police within two weeks of the present order.
2. The investigating officer of the case shall approach the Chief Medical Officer of JP Nagar at Amroha to constitute a Board of Doctors consisting of five members, out of whom two shall be lady doctors holding qualifications of Obstetrics and Gynaecology and one shall be a qualified Radiologist. The 4th member shall be an Orthopedic surgeon. The Chief Medical Officer shall be the 5th member and Chairman of the Board.
3. The radiological examination of the victim, namely, Uroosa Khan shall be done in the presence of at least two members of the Board who shall certify the radiological examination having been done in their presence.
The Medical Board shall determine the age of the victim Uroosa Khan and lay it before the court concerned as also forward a copy of the same to this Court within three weeks of holding the final sitting of the Medical Board when this petition shall be listed before us as part heard matter.
Because there is a controversy in respect of age and also because Uroosa Khan, has indicated to us, that it was her own decision to join the other petitioner, namely, Shahrukh Muttalib @ Boby, we deem it expedient to direct not to arrest these two petitioners, namely, Smt. Uroosa Khan and Shahrukh Muttalib @ Boby in case crime no. 89 of 2012 under section 363, 366 I. P.C. police station Amroha Nagar District - J.P. Nagar, till we pass a final order on merits of this petition.
Let a copy of this order be handed over to the learned AGA for onward transmission and compliance.
The petition shall be listed on 24th April, 2012.
Order Date :- 13.3.2012 skv