S.B. CRIMINAL MISC. PETITION NO. 1565/2008
Date : 17.12.2008
HON'BLE MR. C.M. TOTLA, J.
Mr. JVS Deora for the petitioner.
Mr. V.R. Mehta, P.P.
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Petitioner requests that for FIR No. 143/08 lodged by him
and registered for the offence of Section 363 IPC be ordered to be
investigated expeditiously as per laid procedure including medical
examination for age of the girl.
Learned counsel for the petitioner argued that FIR was
lodged on 01.07.008 and as per petitioner and as is mentioned in FIR, age
of girl is 14 years. Till now though five months have elapsed, concerned
investigation authorities have not investigated the matter neither the
concerned person is medically examined in relation to age, so appropriate
mandatory direction may be passed.
Learned Public Prosecutor submitted that if FIR is registered,
it is illogical to assume that investigation is not proceeding and medical
examination if needed, shall not be. Also submitted that though age is
mentioned about 14 years but no basis of it is disclosed.
Considered. As FIR No. 143/08 for the offence under
Section 363 IPC is registered, obviously it has to reach its logical
conclusions after investigation. Accordingly, it is directed that registered
FIR be investigated as per law including that of medical examination as
per procedure and law.
(C.M. TOTLA), J.