High Court of Judicature at Allahabad
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Smt. Dipika Chawala And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 2425 of 2006  RD-AH 4784 (28 February 2006)
Hon'ble Amitava Lala,J.
Hon'ble Shiv Shanker,J.
Although it has been stated by the petitioner no.1 in the Court that she want to live with petitioner no. 2 as against a question of the learned counsel who identified both the girl and boy, yet the Court requires that there should be a statement before the appropriate magistrate under section 164 Cr.P.C. within one week from this date. However, it is recorded herein that the date of birth of petitioner no.1 as per the school, annexure no.2 herein is 29.10.1986, which is more than 18 years. Let a report be filed by the learned Government Advocate on the next date of listing.
The magistrate is directed to submit the statement of the girl under section 164 Cr.P.C.to this Court under a sealed cover through the registry.
Issue notice upon respondent no.4 within one week from this date.
Counter affidavit will be filed by the respondents by 23rd March, 2006. Rejoinder, if any, will be filed by 29th March,2006.
The matter will appear on 30th March,2006.
Till the next date of listing the petitioners shall not be arrested in case crime no. 63 of 2006, under Section 366 IPC, P.S. Tundla, District Firozabad.
Petitioner no.1 is at liberty to make application before the appropriate magistrate for protection.
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