Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11369 of 2010 Petitioner :- Ms. Gudiya Tomar & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Rahul Chaturvedi Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
By means of this writ petition the petitioners have prayed to quash
the FIR registered at Case Crime No.122 of 2010, under Sections
364, 366, 395, 452, 506 I.P.C. at Police Station Kotwali , District
Mathura.
Heard learned counsel for the petitioners, learned AGA and
perused the record.
From perusal of the FIR it appears that on the basis of allegations
made therein, a prima facie cognizable offence is made out. There
is no cogent reason for interference in the FIR, therefore, the
prayer for quashing the impugned FIR is refused.
However, considering the submission made by learned counsel for
the petitioners that Km. Gudia Tomar, petitioner No.1, is major
and she has performed marriage with petitioner No. 2, Ajay
Kumar, and she is living with him as her house wife with her free-
will and consent, therefore, in view of the above submission we
find it appropriate and accordingly direct that in case the alleged
kidnapped girl Km. Gudia Tomar, petitioner No.1, appears or is
produced before the Court of C.J.M., Mathura within 20 days from
today and moves an application for her medical examination,
recording the statement under Sections 161, 164 Cr.P.C. then the
learned Magistrate shall fix a date for the same purpose and on that
date the First informant, officer Incharge of the police station
concerned or Investigating officer shall be summoned, she shall be
produced before the C.M.O. concerned by the concerned police
officer for medical examination, thereafter she shall be produced
before the C.J.M. for recording her statement under Section 164
Cr.P.C. The same shall be recorded by the C.J.M. on the
application filed by the I.O./ officer Incharge of police station
concerned. Till then no coercive steps shall be taken against the
petitioners. Further if Km. Gudia Tomar is found major and does
not support the FIR version, the police authority shall not arrest the
petitioners till submission of charge-sheet under Section 173 (2)
Cr.P.C. but the petitioners shall co-operate with the investigation.
In case the alleged kidnapped girl does not appear/produced as
directed above or appears to be minor or if she is major but
supports the FIR version, it shall be open to the police authority to
arrest the petitioners.
It is further directed that issue of custody of alleged kidnapped girl
shall also be decided by the C.J.M. in accordance with law.
It is further observed that in the event there is any threat to the life
of the petitioners, it shall be open for them to approach the
S.S.P./S.H.O. concerned.
With the above directions, the writ petition is finally disposed of.
Order Date :- 30.6.2010
NS