Court No. - 88

Case :- CRIMINAL APPEAL No. - 3176 of 2020

Appellant :- Abdul Rahman And Another

Respondent :- State of U.P. and Another

Counsel for Appellant :- Ravish Kumar Singh,Arunima Singh,Vipul

Kumar Singh

Counsel for Respondent :- G.A.,Anurag Upadhyay

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the appellants, learned Additional Government

Advocate for the State and perused the record.

This Criminal appeal under Section 14-A(2) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred

by the appellant with the prayer to set aside the 23.09.2020 passed by

Special Judge SC/ST Act, Azamgarh in Bail Application No.2413 of 2020

arising out of case crime no.148 of 2020 under Sections 354Ka, 504, 506

IPC 3(1) Da, 3(1) Gha, 3(2) (5Ka) SC/ST Act and 7 Criminal Law

Amendment Act, P.S. Kaptanganj, District Azamgarh.

It has been submitted by learned Counsel for the appellants-applicants that

the appellants are quite innocent and have been falsely implicated for

ulterior motives. It is also argued that this first information report is

nothing but full of cock and bull story as earlier also an FIR had been

lodged on 14.03.2019 registered as Case Crime No. 0027 of 2019, under

Sections 354, 363, 366, 506 IPC and 7, 8, 17, 18 POCSO Act at police

station Kaptanganj, District Azamgarh, which was challenged by the

victim herself along with four other persons including the applicant vide

Criminal Misc. Writ Petition No. 8689 of 2019, wherein following order

was passed:

"This writ petition has been filed by the petitioners with a prayer to quash

the impugned FIR dated 14.03.2019 in Case Crime No. 0027 pf 2019,

under Sections 354, 363, 366, 506 IPC and 7,8,17,18 POCSO Act, 2012,

P.S.- Kaptanganj, District- Azamgarh.

Heard learned counsel for the petitioners Sri Sanjay Kumar Yadav and

learned A.G.A. for the State.

From the perusal of the FIR and the record, it appears that on the basis of

allegation made therein, the prima facie cognizable offence is made out.

There is no justifiable scope of interfering in the FIR or the investigation

of this case. Therefore, the prayer for quashing the FIR is refused.

However, considering the submissions made by the learned counsel for the

petitioners that the kidnapped girl may be directed to be produced before

the court concerned to ensure fair investigation, it is directed that in case

the allegedly kidnapped girl Smt. Madhubala alias Mantsa appears or is

produced before the court of learned C.J.M., AZamgarh within 20 days

from today and moves an application for her medical examination and

recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the

learned Magistrate concerned shall fix a date for the same purpose. On

that date, the first informant & Officer-in-charge of the police station

concerned shall be summoned. Thereafter such girl shall be produced

before C.M.O. concerned by the concerned police officer for her medical

examination as early as possible, preferably not later than within further

twenty days. Her statement under Section 161 Cr.P.C. shall also be

recorded. Thereafter, she shall be produced before C.J.M concerned for

recording her statement under section 164 Cr.P.C. on the application filed

by the I.O./Officer-in-charge of the police station concerned. Till two

months from today or till recording of her statement under Section 164

Cr.P.C., whichever is earlier, no coercive step like arrest shall be taken

against the accused and in case of default and non compliance of the

Court's direction by the petitioners, it shall be open to the police authority

concerned to arrest the accused. In case in view of the radiological report

and the other educational certificates or birth certificates if any, which the

I.O. may collect during investigation regarding the proof of age, the girl is

found to be major and if her statements are found favourable to the

accused-petitioners, the accused shall not be arrest