Anees and 4 Others v. State of U.P. and 3 Others
Case brief
What is this about?
Petition for stay of arrest in kidnapping case. Court directed that arrest be stayed if the victim is produced and proceeds regarding her age and statement are followed within 20 days, ensuring her safety.
What did the court decide?
Stay of arrest directed pending medical examination and recording of statement of the alleged victim within 20 days; safety measures and safe delivery of the girl ordered.
What the court decided
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2208 of 2018
Petitioner :- Anees And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Asif Counsel for Respondent :- GA,Brijesh Kumar Mishra
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Mohd. Asif, learned counsel for the petitioners, Sri Brijesh Kumar Mishra, learned counsel for the complainant and Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to stay the arrest of the petitioners in pursuance of FIR dated 19.12.2017 in Case Crime No.0428 of 2017, under Section 363, 366 IPC, PS- Akarabad, District Aligarh.
Petitioner no. 6 Hina wife of Anees daughter of Javed Khan has been produced by the petitioner and present in the Court.
Learned counsel for the petitioners has submitted that as per Adhar Card the petitioner no. 6 is stated to be major and aged about 24 years, she has voluntarily eloped with petitioner no. 1 and is living with him as on date.
On the other hand learned counsel for the private respondent has submitted that the victim is minor girl.
Issues for consideration
2 issues framed by the court
Whether the petitioners should be kept on bail pending determination of the age of the alleged victim.
Whether the custody of the alleged kidnapped girl should be decided by the CJM.
Parties & counsel
- petitioner
Anees And 4 Others
- respondent
State Of U.P. And 3 Others
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- CRLP/2208/2018
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