By the Court.—Heard Shri S.K. Chaubey, learned counsel for the petitioners, Shri Ashish Kumar (Nagvanshi), learned counsel for respondent No. 4 and Shri Vikas Sahai, learned Additional Government Advocate for the State and perused the record of the case.

2. By means of this writ petition the petitioners have prayed that the subsequent statement of the victim recorded on 13.12.2017 under Section 164 Cr.P.C. in Case Crime No. 115 of 2017, under Sections 363, 366(A) IPC and 7/8 of the Protection of Children from Sexual Offences Act, 2012 police station Sakaldeeha, district Chandauli be declared void ab-initio. It is further prayed that a direction be issued to the respondents not to rely upon the second 164 Cr.P.C. statement of the victim while submitting the report under Section 173(2) Cr.P.C.

3. The brief facts of the case are that on 16.7.2017 a report was lodged by the first informant Sheela Devi, mother of the victim at the police station Sakaldeeha, district Chandauli to the effect that her daughter, Km. Poonam Yadav, aged 17 years has been enticed away by Manisha Sahu, wife of Manoj Gupta and took her to village Timilpur, police station Sakaldeeha and in order to sell her for prostitution and other mis-deed, she has got her eloped with her husband Manoj Gupta. It is further mentioned in the first information report that after a hectic search her daughter, Km. Poonam Yadav, the victim and Manoj Gupta are not traceable. It is also mentioned that the victim has been kidnapped by Manisha Sahu and Manoj Gupta and that the life of her daughter is in danger.

4. On the basis of the aforesaid report a case was registered against the petitioners at case crime No. 115 of 2017, under Sections 363, 366(A) IPC and 7/8 of the Protection of Children from Sexual Offences Act, 2012 police station Sakaldeeha, district Chandauli.

5. After the recovery of the victim on 18.7.2017, her statement under Section 161 Cr.P.C. was recorded in which she has stated that on 15.7.2017 she went with Manoj Gupta out of her own freewill to Varanasi and thereafter she has gone to Nepal Border and solemnized the marriage with Manoj in a Temple. She also stated that Manoj has not done any misdeed with her and that she wants to live with Manoj.

6. On 18.7.2017, the investigating officer has produced the victim before the Chief Medical Officer of District Women Hospital, Chandauli for getting the medical examination of the victim done, but the victim has straight away refused in writing to get her medical examination either internal or external conducted.

7. On 19.7.2017 the investigating officer of the case has produced the victim before the learned Civil Judge (SD) for getting her statement under Section 164 Cr.P.C. recorded. The learned Civil Judge (SD) has recorded her statement, in which she has stated that she is aged about 18 years. She is well known to Manisha Yadav and Manoj Gupta. On 15.7.2017, she had gone to Banaras to fetch medicine out of her own sweet will. No body has enticed her away. She was lovelorn with Manoj Gupta for the last six months. When Manoj has come to Banaras alongwith her to fetch medicines, she had gone to Nepal and performed marriage in a Temple. After the marriage although they were together, but they did not make any physical relation. Manoj, even did not touch her private parts.

8. It appears that after recording of the statement of the victim under Sections 161 and 164 Cr.P.C. the father of the victim, namely Shri Ram Dularey has moved an application before the Superintendent of Police, Chandauli alongwith an affidavit of the victim, stating therein that the statement of the victim has been recorded in collusion with and under the influence of police with the accused. On the basis of that application, the Superintendent of Police, Chandauli directed the investigating officer to produce the victim again before the learned Court below for recording her statement under Section 164 Cr.P.C. Thereafter the second statement