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Smt. Anjali Alias Suchi And Others v. State Of U.P.And Others - CRIMINAL MISC. WRIT PETITION No. 7239 of 2007  RD-AH 11535 (9 July 2007)
WP 7239 of 2007
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J.
Petitioners no. 1 and 2, Respondent no. 3 and Smt Amita Srivastava - mother of petitioner no.1 are present before the Court. Sri AP Tiwari, counsel for the petitioners and Sri Gajendra Pratap, counsel for respondent no. 3 are also present before the Court. Sri Gajendra Pratap prays and is granted a months' time to file counter affidavit. Three week's time thereafter is granted for rejoinder affidavit. List this petition for admission thereafter.
There is dispute between the parties regarding the age of petitioner no.1. Petitioner no. 1 has stated before the court that she has come alongwith her parent. Petitioner no. 1 may appear before the CJM Gorakhpur on 16.7.2007 and the Magistrate will record her fresh statement and will get her medically examined in case she is not examined earlier.
As petitioner no. 1 has come with her parent, she is being sent with them. The Magistrate will pass appropriate order regarding her custody after considering all the evidence according to law.
In the mean time petitioners no. 2 to 5 will not be arrested in case crime no. 391 of 2007 under sections 363 and 366 IPC, police station Kotwali district Gorakhpur till the next date of listing or till submission of the police report under section 173(2) CrPC (whichever is earlier) provided they cooperate in the investigation.
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