Pintu Chauhan @ Surya Pratap vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard learned counsel for the applicant and learned A.G.A. for the State.

This application u/s 482 Cr.P.C. has been filed by the applicant for quashing the proceedings of Case No. 674 of 2011 (State v. Ugrasen) arising out of Case Crime No. 271 of 2011, under sections 363 and 366 IPC, P.S. Dubaulia, District Basti pending before the II- Judicial Magistrate, Basti (in short "the Magistrate").

It is contended that the impugned criminal prosecution has been launched against the applicant at the behest of opposite party no. 2 on account of her daughter Ms. Anjani Soni, having married Pintu Chauhan alias Surya Pratap, the applicant against his wish.

It is further contended that Ms. Anjani Soni has married the applicant on her own accord and is living with him as his wife, yet the Investigating Officer has illegally submitted charge sheet against the applicant without recording the statement of the prosecutrix Ms. Anjani Soni u/s 164 Cr.P.C. In this view of the matter it is directed that the applicant shall produce the prosecutrix, Ms. Anjani Soni alias Anjali, before the Magistrate within three weeks from today. The Magistrate shall upon proper identification get her medically examined by the Chief Medical Officer, Basti. Whereafter, he shall record her statement u/s 164 Cr.P.C. in the presence of the Investigating Officer and decide the question of her custody after affording opportunity of hearing to opposite party no. 2. The entire exercise indicated herein above shall be completed by the Magistrate within a period of three weeks from the date of production of the prosecutrix Ms. Anjani Soni before him.

For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid observations, this application is finally disposed of.