Allahabad High Court
Anita Arya @ Tarannum Bano & Anr. vs State Of U.P. Thru. Secretary, ... on 21 July, 2014
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- MISC. BENCH No. - 4627 of 2014
Petitioner :- Anita Arya @ Tarannum Bano & Anr.
Respondent :- State Of U.P. Thru. Secretary, Home & 3 Others
Counsel for Petitioner :- Rizwan-Ul-Haq Ansari
Counsel for Respondent :- Govt. Advocate
Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard Sri Dev Raj Singh, learned counsel for the petitioner and learned A.G.A.
This petition has been filed by the petitioner Anita Arya @ Tarannum Bano with a prayer that suitable direction may be issued to authority concerned not to harass the petitioner and not to interfere in her peaceful life whereas she and Anil Kumar who is accused in case crime No. 410 of 2014 under section 363, 366 IPC, P.S. Kotwali Gola, District Lakhimpur Kheri have already filed a Crl. Misc. Writ Petition No. 4627 of 2014 in which the petitioner has already appeared and interim order dated 10.6.2014 has been passed. The writ petition No. 4627 (M/B) of 2014 has been filed with a prayer that FIR of both the writ petition is arising out of same case crime number, therefore, we are passing a common order.
The FIR in cae crime No. 410 of 2014 under section 363, 366 IPC, P.S. Kotwali Gola, District Lakhimpur Kheri has been challenged in writ petition No. 4627 of 2014.
From the perusal of the impugned FIR it reveals that allegation made therein are prima facie disclosing the cognizable offence. There is no good ground to quash the FIR. The prayer for quashing the FIR is refused.
The interim order dated 10.6.2014 is hereby vacated.
However, considering the submissions made by the learned counsel for the petitioners that the kidnapped girl petitioner No. 1 Anita Arya @ Tarannum Bano is major and she has performed the marriage with petitioner No. 2 Anil Kumar 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 Anita Arya @ Tarannum Bano appears/produced before the court of learned C.J.M. Lakhimpur 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 :- 21.7.2014
RPD
