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Mohd. Sazid & Another v. State Of U.P. - CRIMINAL MISC. WRIT PETITION No. 8726 of 2007  RD-AH 13654 (7 August 2007)
Criminal Misc. WP No. 8726 of 2007
Hon'ble Yatindra Singh, J
Hon'ble RK Rastogi, J
Sri RK Khanna, counsel for the petitioners and Sri SK Sharma, counsel for respondent no.4 are present before the Court. Respondent no.4 is also present. The interim order dated 4.7.2007 is modified as follows.
As there is no proof that petitioner no.2 is major, the petitioners may appear before the CJM, Moradabad before 16th August 2007. The CJM, Moradabad may get the petitioner no.2 medically examined and thereafter record the statement of petitioner no.2 and send the same to this court. In case the girl is found to be minor after medical examination, the CJM will be at liberty to pass suitable order under section 98, CrPC regarding interim custody of the girl.
Till the CJM passes appropriate legal order after getting the medical report, the petitioners will not be arrested. It is made clear that if the petitioners do not appear before the CJM, Moradabad before 16th August 2007, the interim order will stand automatically vacated.
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