High Court of Judicature at Allahabad
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Herlesh Devi And Others v. State Of U.P.And Others - CRIMINAL MISC. WRIT PETITION No. 9086 of 2007  RD-AH 11457 (9 July 2007)
Hon'ble Yatindra Singh,J.
This is a writ petition against F.I.R. dated 22.6.2007 in case crime no. 192 of 2007 under section 364 I.P.C. police station Barla 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 petitioner no. 1 may appear before the C.J.M. Aligarh by 31st July, 2007. The C.J.M. Aligarh may get petitioner no. 1 medically examined and thereafter record her statement and send the same to this Court. In case the girl is found to be minor after medical examination, the C.J.M. concerned 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 petitioner no. 1 does not appear before the C.J.M, Aligarh by 31st July, 2007, the interim order will stand automatically vacated.
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