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2011 Supreme(All) 1448

SHRI NARAYAN SHUKLA
Sitawati – Appellant
Versus
State of U. P. and others – Respondent


Advocates:
Counsel for the Petitioner: Ramesh Kumar Srivastava., Counsel for the State : Rajendra Kumar Dwivedi, AGA., Counsel for the O.P. No. 3 : Pankaj Kumar Jaiswal.

Shri Narayan Shukla, J.-

Heard Mr. Ramesh Kumar Srivastava, learned Counsel for the petitioner and Mr. Pankaj Kumar Jaiswal, learned Counsel for opposite party No. 3 as well as Mr. Rajen­dra Kumar Dwivedi, learned Additional Government Advocate for the opposite parties 1 and 2.

2. The petitioner Smt. Sitawati through her next friend husband Mr. Sameer Arya, claims her illegal detention by respondent No. 3, on the ground that they have married to each other, whereas upon perusal of the record, I find that one First Information Report No. 340 of 2010, as Case Crime No. 431 of 2010, under section 364 IPC, has been registered at Police Sta­tion Chinhat, district Lucknow, against unknown persons for missing of Km.. Si­tawati. Subsequently the complainant came to know that she has been kidnapped by Sameer, Waseem @ Bharti and his father Jameel Ahmad Siddiqui, on the basis of which the police came into motion and re­covered the girl from their custody and produced before the Additional Chief Judi­cial Magistrate-I, Lucknow. She was also medically examined. The medical certifi­cate, High School certificate, marriage cer­tificate as well as the religion transfer cer­tificate were produced bef




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