Court No. - 25 Case :- MISC. BENCH No. - 186 of 2010 Petitioner :- Chandan Yadav S/O Heera Lal Yadav Respondent :- State & Ors. Petitioner Counsel :- Ashish Kumar,Amit Srivastava Respondent Counsel :- G.A.,Sharad Dixit Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard Shri Amit Srivastava alongwith Shri Ashish Kumar appearing for the
petitioner and Shri Sharad Dixit appearing for the respondent no.4 as well as
learned Additional Government Advocate.
It is a case that prosecutrix Ankita Singh, step daughter of Shri Virendra Nath
Singh had married with one Chandan Yadav, petitioner and in her medical
examination which was conducted by Chief Medical Officer Lucknow and on
the basis of ossification test, it has been reported that her age is about 18 years
although it has been rebutted by the learned counsel for opposite party no.4
that on the basis of High School Certificate, her date of birth is 24.2.1995.
On the last date, we had directed the Chief Judicial Magistrate Lucknow to
get the statement of Ankita Singh recorded under Section 164 Cr.P.C. which
has been recorded on 23.12.2009 and photocopy of the same has been sent to
us in sealed cover which has been opened by us and while going through the
statement of Ms. Ankita Singh, it comes out that she had categorically stated
that her age is 19 years and she has married with applicant Chandan Yadav
with her own free will without any pressure of any kind by the applicant and
she has also stated that she wants to go with her husband Chandan Yadav.
In view of the statement of Ms. Ankita Singh who is daughter of late
Mahendra Kumar and step daughter of respondent no.4 and her medical
examination report, we are of the view that arrest of the petitioner in case
crime no.508 of 2009 under Sections 363, 366 I.P.C., Police Station
Guddumba, District Lucknow, shall remain stayed.
List this petition after exchange of counter and rejoinder affidavits, for
hearing on its turn.
Order Date :- 18.1.2010
Tripathi