Hon'ble Ramesh Sinha,J.
Heard Sri Bijai Prakash Tiwari learned counsel appearing on behalf of petitioners out of whom Smt. Puspa Chauhan and Sudhraj Chauhan alias Sudhar are present before us duly identified by their counsel.
The age of the victim as indicated in the FIR is 16 years. We could not controvert by a mere look at the face of the victim that she could not be older than that age. Learned counsel for the informant was insisting upon us that a Medical Board be constituted to determine the age of the victim under the proper supervision of the Board of Doctors.
We direct the petitioner Smt. Puspa Chauhan to appear before the police in two weeks time who shall be produced before the Board to be constituted by the Chief Medical Officer of district Kushi Nagar. The Medical Board shall carry out the radiological examination appropriately and submit a report before this Court. The police may also produce the victim before the Magistrate for getting her statement recorded under section 164 Cr.P.C. All these exercises shall be concluded within three weeks from the date of production of a copy of this order before the authorities concerned. The report of Medical Board alongwith a copy of statement of the victim recorded under section 164 Cr.P.C. has to be sent to this Court on or before 5th April, 2011, on which date this petition shall be listed before appropriate Bench.
As Smt. Puspa Chauhan is required for the above examination, she would not be arrested in case crime no. 91 of 2012 under section 366 I. P.C. police station Nakur District ? Saharanpur, and that order of stay of her arrest shall continue till further orders.
List this petition on 5th April, 2012.
Order Date :- 13.3.2012 skv