Naushad vs State Of U.P.
2012 Latest Caselaw 556 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL APPEAL U/S 374 CR.P.C. No. - 3319 of 2009
 

 
Petitioner :- Naushad
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- M.A. Zaidi,Mohd.Aslam Ansari,R.C.Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Anil Kumar Agarwal,J.

Heard the learned counsel for the appellant and the learned A.G.A.

The learned counsel for the appellant files a supplementary affidavit mentioning therein that efforts have been made on behalf of the appellant Naushad that the alleged kidnapped girl Rajnish and the co-accused Gulfam may surrender before the court of C.J.M. Muzaffarnagar but they have not surrendered before the court of learned C.J.M. Muzaffarnagar.

From the perusal of the record it appears that in the present case two girls namely Km. Rajnish and Km. Manto were kidnapped, it has come in evidence that Km. Rajnish could not be traced out, even the co-accused Gulfam was not arrested by the police, its F.I.R. was lodged at the police station Sarsawan district Saharanpur in case crime no. 311 of 2007 under sections 363,366,368,376 I.P.C. read with section 120-B I.P.C. In the present case, the co-accused have been convicted on 24.4.2009 by the learned Additional Sessions court No.7 Saharanpur in S.T. No. 123 of 2008, who have filed the appeal before the High Court, one of them Naushad has filed the present appeal, in such circumstances S.S.P. Saharanpur is directed to ensure the arrest of the co-accused Gulfam and the recovery of the alleged kidnapped girl Km. Rajnish within six weeks from today.

In case, the co-accused Gulfam is not arrested and Km. Rajnish is not recovered within the aforesaid period, the S.S.P. Saharanpur shall appear in person before this court to explain as to why arrest/recovery as mentioned above has not been made on 13.7.2012.

List on 13.7.2012.

Let a copy of this order be communicated to the S.S.P. Saharanpur through the C.J.M. Saharanpur forthwith for compliance.

Order Date :- 20.4.2012

N.A.