Smt. Soni And Others vs State Of U.P. And Others
2011 Latest Caselaw 2616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12558 of 2011
 

 
Petitioner :- Smt. Soni And Others
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Ram Surat Saroj
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Vineet Saran,J.

Hon'ble Surendra Singh,J.

Learned AGA has accepted notice on behalf of respondent nos. 1, 2 & 3.

Issue notice to respondent no. 4fixing 29.8.2011.

Petitioners to take steps to serve the notice on respondent no. 4 by registered post as well as speed post within three days from today. Office shall send the notice to the said respondent within 24 hours thereafter.

The petitioners, namely, Smt. Soni and Prem Kumar are present in the Court and they have been identified by Sri Ram Surat Saroj, learned counsel for the petitioners.

This court is of the view that for the security of the girl (petitioner no. 1), the petitioner no. 2 should deposit a reasonable amount in the nationalized bank/post office in the form of fixed deposit for a period not less than three years.

Sri Ram Surat Saroj, learned counsel for the petitioners has agreed that the petitioner no. 2 shall deposit such amount as may be directed by this Court in Fixed Deposit account in the name of petitioner no. 1.

It is thus directed that the petitioner no. 2 shall put an amount of Rs. 50,000/- ( Rs. Fifty Thousand) in fixed deposit scheme of a nationalized bank/post office in the name of petitioner no. 1 (Smt. Soni) on or before the next date and shall file the photostat copy of the fixed deposit receipt along with supplementary affidavit and shall also produce the original fixed deposit receipt before this Court. The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of this Court. The concerned bank/post office shall be instructed by the depositor (petitioner no. 2) to make a specific note in the record as well as in the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the Court.

It is further provided that the petitioner no.1, Smt. Soni shall appear before the police concerned within ten days from today, who, in turn, shall record her statement under Section 161 Cr.P.C. and also get her statement recorded under Section 164 Cr.P.C. before the Magistrate concerned at the earliest.

List on 29.8.2011.

Till the next date of listing, no coercive steps shall be taken against the petitioners in Case Crime No. 270 of 2011, under Sections 363, 366, 504 and 506 IPC, P.S. Mehnazpur, District Azamgarh.

Order Date :- 8.7.2011

MN/-

(Surendra Singh,J.) (Vineet Saran,J.)