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Mohd. Khursheed And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 6097 of 2007  RD-AH 9243 (15 May 2007)
Criminal Misc. WP No. 6097 of 2007
Hon'ble Yatindra Singh, J
Hon'ble RK Rastogi, J
This is a writ petition against the FIR dated 23.4.2007, Case Crime No. 107 of 2007, under sections 363, 366 and 506 IPC, Police Station Behat, District Saharanpur. The petitioners no. 1 and 2 are present in the Court. They have stated that they are major and have 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.2 is major. In these circumstances, it is appropriate that petitioners may appear before the CJM, Saharanpur before 31st July 2007. The CJM, Saharanpur 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, Saharanpur before 31st July 2007, the interim order will stand automatically vacated.
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