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Allahabad High Court
Brijmohan & Another vs State Of U.P. & Others on 29 January, 2010
Court No. - 54

Case :- CRIMINAL MISC. WRIT PETITION No. - 13084 of 2009

Petitioner :- Brijmohan & Another
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Rajesh Kumar Sharma,Manoj Kumar Srivastava
Respondent Counsel :- Govt. Advocate,Anil Srivastava

Hon'ble Ravindra Singh,J.

Hon’ble Naheed Ara Moonis,J.

Sri Anil Srivastava Advocate appearing on behalf of respondent no. 3.
Heard learned counsel for the petitioners, learned counsel for the respondent
no. 3 and the learned AGA.

This petition has been filed by the petitioners with a prayer to quash the
F.I.R. in case crime no. 475 of 2009 under section 363, 366, 120B IPC, P.S.
New Agra, District- Agra.

From the perusal of the F.I.R. it appears that on the basis of the allegations
made therein a prima facie offence is made out. There is no ground for
interference 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 alleged kidnapped girl Km. Swati Nanda is major and she
has performed the marriage with the son of the petitioners and she living in
his company as his house wife with her free will and consent, it is directed
that the alleged kidnapped girl Km. Swati nanda appears/produced before the
court of learned CJM, Agra within 20 days from today and moves an
application for her medical examination for 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 purp9ose and shall summon the first informant and
officer in charge of the police station concerned for the purpose of her
identification and to record her statement under section 161 Cr.P.C. after her
identification by them, she shall be medically examined by the C.M.O.
concerned to determine her age, then she shall be interrogated by the I.O. and
her statement shall be recorded under section 161 Cr.P.C, if thereafter, the
I.O. moves an application before learned Magistrate concerned to record her
statement under section 164 Cr.P.C., her statement shall be recorded under
section 164 Cr.P.C. if she is found major and does not support the F.I.R.
version, the petitioners shall not be arrested till submission of the police report
under section 173(2) Cr.P.C. but the petitioner shall cooperate with the
investigation.

With the above direction this petition is finally disposed of.

Order Date :- 29.1.2010
SR


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