Heard the learned counsel for the applicant, learned standing counsel and perused the record.
Applicant is the accused, he had approached this Court by filing Criminal Misc. Writ Petition No. 3769 of 2020. The petition was disposed of vide order dated 18.6.2020, by the Division Bench of this Court. The relevant portion of the order is extracted:
"6. On the date so fixed or within such reasonable time as may be required, the learned Magistrate shall proceed to determine the age of the girl as per law, keeping in mind the provisions that are applicable for determination of the age of a girl and may, if necessary, direct for ossification test/medical examination of the girl from a District Government Hospital.
7. If the girl is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the girl, as per law. However, in case, the girl is found to be an adult, he shall proceed to record the statement of the girl under Section 164 Cr.P.C.
8. On the basis of the statement of the girl and the age of the girl as determined above, the police shall submit report under Section 173(2) Cr.P.C.
9. The aforesaid exercise shall be completed preferably within a period of four weeks from the date of production of the girl before the Magistrate concerned.
10. Till 13.07.2020 or the date on which the girl is produced before the Magistrate concerned, whichever is earlier, no coercive action shall be taken against the petitioners (in both the petitions) in the above case. Thereafter, if the girl is produced before the Magistrate concerned, as directed above, the accused shall be dealt with as per the statement of the girl. Though, in the event the girl is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.
11. It is further clarified that if the girl is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
12. With the aforesaid observations/directions, both the petitions are disposed of. "
Learned standing counsel has received instructions and submits that applicant had approached this Court by suppressing material facts. As per Highschool Examination-2016, date of birth of the victim is recorded as 04.11.2002. In compliance of the order of this Court, Additional Chief Judicial Magistrate, Mahrajganj, in Case No. 64/2020 (State vs. Sahnoor) under Sections 363, 366, 506 IPC and 16/17 of Protection of Children from Sexual Offences Act, 2012, Police Station Nichlaul, District Mahrajganj, has remanded the victim to protection home vide order dated 10.09.2020, being minor.
In this backdrop, it is urged that on the date of offence, victim was minor; applicant is the main accused and he has been declared proclaimed offender in proceedings under Sections 82/83 Cr.P.C.
On specific query, learned counsel for the applicant is unable to show any wilful and deliberate disobedience on the part of the opposite party in complying the order of this Court.
In view thereof, the contempt petition is consigned to record.
Order Date :- 11.1.2021 Mukesh Kr.