Allahabad High Court
Prem Kumar Munshi And Another vs State Of U.P. And 2 Others on 11 July, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Recall Application No. 51998 of 2014
IN
Case :- MISC. BENCH No. - 12288 of 2013
Petitioner :- Prem Kumar Munshi And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Viviek Manishi Shukla
Counsel for Respondent :- G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A.
This application has been filed with a prayer to recall the order dated 13.5.2014 passed by another bench of this court on which due to non appearance of the learned counsel for the petitioners this petition has been dismissed.
Sufficient cause has been shown to recall the order dated 13.5.2014. The order dated 13.5.2014 is hereby recalled.
The writ petition is restored to its original number.
Order Date :- 11.7.2014
RPD/ Recall Application.
Case :- MISC. BENCH No. - 12288 of 2013
Petitioner :- Prem Kumar Munshi And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Viviek Manishi Shukla
Counsel for Respondent :- G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A.
The order dated 13.5.2014 is recalled today and this writ petition has been restored to its original number.
This petition has been filed by the petitioners Prem Kumar Munshi And Another with a prayer to quash the FIR of case crime No. 199 of 2011 under sections 294, 363, 366 IPC, P.S. Palia, District Kheri.
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.
However, considering the submissions made by the learned counsel for the petitioners that the kidnapped girl Km. Basanti is major and she has performed the marriage with petitioner No. 1 Prem Kumar @ Munsi and she is living in his company as his house wife with her free will and consent, it is directed that in case the alleged kidnapped girl Km. Basanti appears/produced before the court of learned C.J.M. Kheri 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 :- 11.7.2014
RPD/Writ Petition.
