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2021 Supreme(All) 1330

SANGEETA CHANDRA
Buddhu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Kumar.
For the Respondents: Nand Lal Pandey, Rajneesh Singh, Ujjwal Pandey, Vivek Tiwari.

JUDGMENT :

SANGEETA CHANDRA, J.

1. Heard learned counsel for the revisionist and learned A.G.A. for the State.

2. This Revision has been filed by the revisionist under Section 401 Cr.P.C. against the order dated 05.12.2020 passed by the learned Chief Judicial Magistrate Bahraich in Case Crime No. 715 of 2020 under Sections 363 and 366 I.P.C. Police Station Nanpara, District Bahraich.

3. It has been submitted by learned counsel for the revisionist that the revisionist's daughter was kidnapped by the opposite party no. 2 on 16.11.2020 when she was aged about 14 years. The revisionist lodged an F.I.R. on 16.11.2020. During investigation, the Investigating Officer produced the minor daughter of the revisionist before the Chief Judicial Magistrate Bahraich. The Revisionist gave an application before the Chief Judicial Magistrate Bahraich for custody of daughter because he was the lawful guardian of her daughter. The date of birth of the daughter was 08.03.2006 as per record of the School. Learned Chief Judicial Magistrate in determining the age of the daughter of the revisionist summoned the Head Master of Primary School who in his statement before the learned trial court corroborated that

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