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2017 Supreme(All) 2561

VIPIN SINHA, J.J.MUNIR
PRIYANKA DEVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocate Appeared:
For the Appellant :Ravi Shankar Tripathi and Adya Prasad Tewari, Advocates

JUDGMENT :

VIPIN SINHA, J.

1. This is a habeas corpus petition preferred on behalf of Smt. Priyanka Devi through her husband Kuldeep with the allegation that Priyanka and Kuldeep are lawfully married, but in consequence of an FIR lodged as Case Crime No. 0146 of 2016, under Sections 363, 366 IPC, the detenue-petitioner Priyanka Devi and her husband were compelled to challenge the said FIR before this Court by means of Criminal Misc. Writ Petition No. 4497/2017. The prayer in that petition was to quash the aforesaid FIR lodged by the petitioner's father, Sukhlal.

2. The said writ petition came to be disposed of by this Court by a judgment and order dated 19.03.2017 with directions that in case Priyanka appears or is produced before the learned C.J.M. and makes an application for her medical examination (for the purposes of determination of age) and to record her statement under Section 164 Cr.P.C, 1973 the Magistrate concerned shall fix a date for the purpose. On the date fixed, the first informant, and, the officer-in-charge of police station concerned shall be summoned by the Magistrate who will ensure that the petitioner is produced before the Chief Medical officer by the police for





































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