Court No. - 54 Case :- APPLICATION U/S 482 No. - 1320 of 2010 Petitioner :- Abhishek @ Krishna Chaudhary And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- S.N. Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed with a prayer to quash the proceedings of the
charge sheet in case crime no. 1708 of 2009 pending in the court of learned
C.J.M, Gorakhpur, P.S. Chauri Chaura, District Gorakhpur.
From the perusal of the record, it appears that in case the charge sheet has
been submitted without recovery of the alleged kidnapped girl Smt. Suman
Yadav applicant no. 2. But it is contended by the applicant that she is major
and she has performed marriage with Abhishek @ Krishna Chaudhary
applicant no. 1.
Considering the facts and circumstances of the case it is directed that the
alleged kidnapped girl Suman shall produced before the C.J.M. Gorakhpur
within 30 days from today and she move an application for recording her
statement under section 164 Cr.P.C., on that application a date shall be fixed,
on that date O.P. No.2 and the Officer In-charge of the P.S. concerned shall be
summoned who shall identify the girl Suman, after her identification she shall
be medically examined by a board of doctors head by the C.M.O. Gorakhpur
to determine her age, thereafter, her statement under section 164 Cr.P.C. shall
be recorded. After recording the statement the medical examination report as
well as the statement recorded under section 164 Cr.P.C. shall be sent to this
court on or before 15th March, 2010.
List on 15th March, 2010. Till then no coercive steps shall be taken against
the applicants.
Order Date :- 19.1.2010
prabhat