Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14570 of 2010 Petitioner :- Raghuveer Singh & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Ramesh Kumar Ojha Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble Surendra Singh,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
Admit.
Petitioners Smt. Pinki and Raghuveer Singh are present in this Court and they
have been identified by their lawyer. Smt Pinki states that she voluntarily
married Raghuveer Singh and there is no abduction.
In paragraph 7 of the writ petition, it is mentioned that petitioner No. 2 is
major and aged about 19 years and to this effect, the High School certificate
has been annexed with the writ petition.
However,considering the facts and circumstances of the case, we direct Smt.
Pinki, petitioner no. 2 to appear before the Chief Judicial Magistrate, Aligarh
within two weeks from today, who shall record her statement under section
164 Cr.P.C. The investigating officer shall also record her statement under
section 161 Cr.P.C. and provide all assistance in the matter for getting her
statement under section 164 Cr.P.C. recorded.
Thereafter the investigating officer shall decide whether to submit a charge
sheet or a final report in this case on the basis of the statements of the girl and
other materials on record.
The aforesaid statements shall be forwarded to this Court within a week
thereafter.
List 19.10.2010 before the appropriate Bench.
Till the next date of listing, the arrest of the petitioners in case crime No. 303
of 2010, under sections 363/366 IPC, PS Khair, district Aligarh shall remain
stayed.
Order Date :- 11.8.2010
Mt/