Anita vs State of U.P.

Virendra Saran, J.—Heard learned Counsel for the applicant and the learned Government Advocate.

An F.I.R. was lodged by Jitendra Pratap Saxena under Sec. 363/366, I.P.C. which has been registered as a crime No. 3/99 at P.S. Kurebhar, district Sultanpur.

This application has been moved by the alleged victim, Anita in this Court alleging that she is a major and she has entered into marriage with Rajan Kanaujia. Annexure Nps. 4 and 5 are photographs. The applicant as well as Rajan Kanaujia have appeared before me in person. Annexure Nos. 4, 5 and 6 are photographs which are of the applicant and Rajan Kanaujia. It has been mentioned in the application that the applicant had entered into marriage with Rajan Kanaujia. Annexure No. 1 is the copy of the marriage registration certificate and Annex of e No. 3 is the report of the C.M.p. Sultanpur opining that the applicant is about 21 years of age. On my query the applicant has informed me that she has entered into marriage with Rajan Kanaujia out of her own freewill. From her appearance the applicant appears to be quite grownup and a major. Considering the entire facts end circumstances. I am of the view that first hand version of the applicant may come and her statement under Section 164, Cr. P.C. be recorded by a Magistrate.

Accordingly it is directed that the applicant may appear before ihe C.J.M. Lucknow and supply him a colored photograph. On the production of the certified copy of this order learned C.J.M. Lucknow shall record the statement of the applicant under S. 164, Cr. P.C. on the same day. The learned C.J.M. shall affix the coloured photograph on the top of the statement so recorded and shall forward the copy of the statement so recorded to the Magistrate having jurisdiction in the case through C.J.M. Sultanpur. He shall supply a copy of the statement so recorded to the applicant or her counsel within 24 hours of me recording of the statement on payment of usual charges. The learned C.J.M. shall also forward one copy of the statement to the Investigating Officer of crime number mentioned above.

With the above direction this application is finally disposed of.

A copy of this order shall be supplied to the learned Counsel for the applicant, if possible by tomorrow on payment of usual charges.