Allahabad High Court
Arjesh vs State Of U.P. & Others on 15 November, 2011
Bench: Devendra Pratap Singh, Ashok Pal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 21542 of 2011
Petitioner :- Arjesh
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rajesh Kumar Yadav
Respondent Counsel :- Govt. Advocate
Hon'ble Devendra Pratap Singh,J.
Hon'ble Ashok Pal Singh,J.
Prayer made in this writ petition is for quashing the FIR lodged as Case Crime No. 376 of 2011, under Sections 363, 366 IPC, Police Station Merapur, district Farrukhabad.
The main accused Manoj Kumar with whom Smt. Pooja had eloped had preferred a writ petition no. 15839 of 2011 and a Division Bench disposed of the said writ petition by following order dated 01.09.2011.
" Heard learned counsel for the petitioners and the learned A.G.A.
1.This writ petition has been filed by the petitioners for quashing of FIR of case crime No. 376 of 2011, under Section 363, 366, IPC, Police Station Merapur, district Farrukhabad.
2.The Petitioners Manoj Kumar @ Neeraj Kumar and Smt. Puja are present in this Court and they have been identified by their lawyer. Petitioner No. 2 Smt. Puja claims to have voluntarily married Manoj Kumar @ Neeraj Kumar, the petitioner no.1 out of her own sweet will and is living with him without any coercion and compulsion, and denies that she has ever been kidnapped by petitioner No.1 or the other petitioners.
3.In paragraph 6 of the writ petition, it is mentioned that petitioner No. 2 is major and aged about 19 years, but no reliable proof regarding her age has been annexed with the petition.
4.Since, there is no dependable proof of age of Smt. Puja as no reliable school certificate is available, we direct her to appear before the Chief Judicial Magistrate/Magistrate, Farrukhabad within two weeks from today, who shall direct the Investigating Officer to produce her before the C.M.O. Farrukhabad for the purpose of getting her medical examination done for ascertaining her age as per her appearance and also by a radiological examination.
5.The age certificate will bear the self attested photograph of Smt. Puja.
6.In case, the CMO reports that she is 18 years in age or above, the I.O concerned shall record her statement under Section 161 Cr.P.C and shall produce Smt. Puja before the CJM/ Magistrate concerned for getting her statement recorded under Section 164 Cr.P.C, who shall duly record the same.
7.The I.O shall provided proper security to the petitioner Smt. Puja for ensuring compliance of the aforesaid directions.
8.In case the said statements are favorable to the accused- petitioners Smt. Puja and others, the I.O. shall consider the appropriateness of submitting a final report in this case and the CJM concerned may also pass appropriate orders in this regard.
9.In case the petitioner Smt. Puja is found to be minor, then the CJM/Magistrate concerned shall pass appropriate orders regarding her custody as he deems fit and proper.
10.For the future security of the petitioner no.2 Smt. Puja, the petitioner no.1 Manoj Kumar @ Neeraj Kumar is directed to deposit Rs. 80,000/ (Eighty thousand) in a nationalized bank/ post office in the form of fixed deposit for a period of not less than three years within one month in the exclusive name of the petitioner no.2 Smt. Puja.
11.The amount so deposited shall not be withdrawn before its maturity under any circumstances except with the leave of the CJM/ Magistrate concerned.
12.The concerned bank/ post office shall be instructed by the depositor (Petitioner No. 1) to make a specific note in the record as well as on the fixed deposit receipt that the same shall not be encashed before maturity except with the leave of the CJM/ Magistrate concerned.
13.The petitioner No. 1 is directed to furnish proof before the CJM/ Magistrate concerned on or before 30.9.2011 that he has made out the fixed deposit receipt as directed above in the name of the petitioner No. 2.
14.Till the disposal of the aforesaid proceedings before the CJM concerned as provided herein above, the arrest of the petitioners in the aforesaid case crime No. 376 of 2011, under Section 363, 366, IPC, Police Station Merapur, district Farrukhabad, shall remain stayed.
15.In case the petitioner no. 1 fails to fulfil any of the conditions mentioned herein above, the stay of arrest granted by this Court shall stand vacated.
16.With the aforesaid observations, the writ petition is disposed of."
In view of the aforesaid order, the petitioner may not be arrested till submission of charge sheet as aforesaid directed.
With the aforesaid observation the writ petition is disposed of.
Order Date :- 15.11.2011
Abhishek Sri.
