Bulbul And Another vs State Of U.P. Thru Secy. And 2 ...
2014 Latest Caselaw 8699 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21649 of 2014
 

 
Petitioner :- Bulbul And Another
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Vinod Tripathi,Manoj Tripathi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Mohd. Tahir,J.

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

This petition has been filed by the petitioners  Bulbul and Mukesh with a prayer to quash the F.I.R. in case crime no. 358 of 2014, under sections 363,366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Kotwali Shamli, District Shamli.

From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering. In the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the submission made by the learned counsel for the petitioners that the kidnapped girl Km. Bulbul shall be produced within 20 days from today, it is directed that in case the petitioners produce the alleged kidnapped girl within 20 days from today before the Chief Judicial Magistrate, Shamali where she shall be identified by  the first informant and the officer in charge of the police station concerned thereafter she shall be produced before the  C.M.O. Shamali by the I.O. or the police officer concerned for her medical examination to determine her age etc., thereafter, on the application filed by the I.O. or the Officer In charge of the police station concerned, the statement of the alleged kidnapped girl shall be recorded under section 164 Cr.P.C. by the learned C.J.M. concerned, till then no coercive steps shall be taken against the petitioners. In case, the alleged kidnapped girl appears to be major and does not support the prosecution story, the petitioners shall not be arrested till the submission of the police report under section 173(2) Cr.P.C.. In case, the alleged kidnapped girl appears to be minor or support the prosecution story, the petitioners may be arrested by the I.O. In default, of the production of the alleged kidnapped girl in the above mentioned case, the I.O. shall be free to make arrest of the petitioners. It is further directed that issue of custody of the alleged kidnapped girl shall be decided by the C.J.M concerned in accordance with law.

In  case the petitioners approach the S.P. Shamali to provide them protection for the purpose of producing the girl before the court concerned to record the statement of the kidnapped girl Km. Kanchan Yadav under section 164 Cr.P.C., and for medical examination, the same shall be provided.

With the above direction this petition is finally disposed of

Order Date :- 17.11.2014

v.k.updh.