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Tejwati (Smt.) & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5643 of 2007  RD-AH 8339 (2 May 2007)
Criminal Misc. WP No. 5643 of 2007
Hon'ble Yatindra Singh, J
Hon'ble RK Rastogi, J
This is a writ petition against the FIR dated 6.3.2007, Case Crime No. 369 of 2007, under sections 363 and 366 IPC, Police Station Cantt, District Bareilly. The petitioners no. 1 and 2 are present in the Court. They have stated that they are major and married.
Notices on behalf of respondents no. 1 to 3 have been accepted by the AGA. Issue notice to respondent no. 4 by registered post. List for admission after service upon respondent no.4.
There is no proof that petitioner no.1 is major. In these circumstances, it is appropriate that petitioners may appear before the CJM, Bareilly before 26th May 2007. The CJM, Bareilly may get the petitioner no.1 medically examined and thereafter record the statement of petitioner no.1 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, Bareill before 26th May 2007, the interim order will stand automatically vacated.
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