AI Structured Summary
Not yet generated for this judgment
Judgment
Shri Kant Tripathi, J.—The petitioners (Smt. Priyanka Kumari @ Pinki Kumari, Harish Chandra, Neetu, Chanauta and Bablu) have filed this writ petition against the FIR dated 3.12.2009 in case crime no. 1130 of 2009 under sections 363, 366, 504, 506 IPC, PS Devgaon district Azamgarh.
Sri Sujeet Kumar Rai, counsel for the petitioners, the AGA for the State of UP and State officials and petitioners no. 1 and? 2 are present.
Petitioner nos.1 and 2 claim that they are major and are living together with consent.
Issue notice. Notice on behalf of State and State officials has been accepted by the AGA. Issue notice to the private respondent no.4 by registered post. List for admission after service upon the private respondent.
The petitioner no. 1 and 2 may appear before the CJM Azamgarh by 8.1.2010. The CJM will record the statement of petitioner no.1 and ascertain her age by High School certificate. In absence of the certificate her age may be ascertained by medical examination or by other evidence. Thereafter appropriate order may be passed under section 98 of the CrPC.
Till the CJM passes appropriate order regarding petitioner no.1 under section 98 of the CrPC, the remaining petitioners will not be arrested in the aforesaid crime number. Considering the order passed under section 98, CrPC, it will be open for the CJM to pass appropriate order for other petitioners or for the investigating officer to proceed in the matter.
Needless to add that in case petitioner no. 1 is major and does not support the prosecution story then the petitioners will not be arrested. It is clarified that in case the petitioners no.1 and 2 do not appear before the CJM by the date fixed, the order restraining the arrest of the petitioners will be deemed to have been vacated.