High Court of Judicature at Allahabad
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Smt. Sabnam & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 6128 of 2007  RD-AH 9274 (15 May 2007)
Hon'ble Yatindra Singh,J
This is a writ petition against the F.I.R. dated 5.5.2007 Case Crime No. 185 of 2007 under sections 363,366 I.P.C. , P.S. Kotwali Nagar District Aligarh. 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 and 2 have been accepted by the A.G.A.. Issue notice to respondent no.3 by registered post . List for admission after service upon respondent no.3.
There is no proof that petitioner no.1 is major. In these circumstances, it is appropriate that petitioners no. 1 and 2 may appear before the C.J.M. Aligarh before 31st July,07. The C.J.M. Aligarh 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 fount to be minor after medial examination , the CJM will be at liberty to pass suitable order under section 98 Cr.P.C. regarding interim custody of the girl.
Till the CJM passes appropriate legal order after getting the medical report, the petitioners will not be arrested in the aforesaid case. It is made clear that if the petitioners no. 1 and 2 do not appear before the CJM, Aligarh before 31st July, 2007, the interim order will stand automatically vacated.
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