Allahabad High Court
Smt. Ruby & 7 Others vs State Of U.P., Thru. Prin. Secy., ... on 4 August, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- MISC. BENCH No. - 4894 of 2014
Petitioner :- Smt. Ruby & 7 Others
Respondent :- State Of U.P., Thru. Prin. Secy., Home & 4 Others
Counsel for Petitioner :- Atul Kishore,H.R. Singh
Counsel for Respondent :- Govt. Advocate,Om Prakash Yadav
Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A.
This petition has been filed by the petitioners Smt. Ruby & 7 Others with a prayer to quash the FIR of case crime No. 153 of 2014 under sections 366, 506 IPC, P.S. Maholi, District Sitapur.
From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizance offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
The interim order dated 17.6.2014 is hereby vacated.
However, considering the submissions made by the learned counsel for the petitioners that the kidnapped girl shall be produced before the court concerned, it is directed that in case the alleged kidnapped girl Km. Ruby appears/produced before the court of learned C.J.M. Sitapur within 20 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C. the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be open to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. In case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be open to the police authority to arrest the petitioner. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 4.8.2014/RPD
