Raj Kumar Saxena & Another vs State Of U.P. & 7 Others
2016 Latest Caselaw 3907 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 18774 of 2016
 

 
Petitioner :- Raj Kumar Saxena & Another
 
Respondent :- State Of U.P. & 7 Others
 
Counsel for Petitioner :- Abhishek Singh,Yadu Nath Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Abhai Kumar, J.

Compliance report on behalf of Investigating Officer of the case has been filed by the learned A.G.A for the State and as per report the corpus has been recovered and she is minor as per High School Certificate.

It is also submitted in the affidavit of Jai Prakash Chand Tiwari, Sub-Inspector, Police Station Gandhi Park, District Aligarh, that statement of corpus has already been taken under Section 161 of Cr.P.C.  The corpus will be produced before the Chief Judicial Magistrate concerned for recording the statement under Section 164. It is also submitted that medical examination of the corpus will also be done. 

In this case the F.I.R was lodged by the father of the corpus against Tinku Sharma and others then this habeas corpus writ petition has been moved by the petitioners for producing the corpus before the Court. 

Notices were issued to opposite party nos. 4 to 8, namely - Tinku Sharma, Smt. Kela Devi, Gaurav Sharma, Ramesh Chandra Sharma and Vakil Gupta.

Seeing the facts that corpus has already been recovered and the Investigating Officer is taking steps for the setting the medical examination done of the corpus as well as her statement before the Chief Judicial Magistrate concerned under Section 164 Cr.P.C. Chief Judicial Magistrate is directed to submit the report, if any proceeding has been undertaken for medical examination of the corpus as well as regarding statement of the corpus under Section 164 Cr.P.C. In case, it has already been done then a report be submitted in this regard and if not done then C.J.M. concerned will summon the Investigation Officer and will get the above proceeding done and after that custody of the minor girl will be decided by the court concerned, if it is not already done.

The writ petition of habeas corpus is dismissed accordingly.

Order Date :- 05.07.2016.

Vinod.