- (1.) Heard learned counsel for the petitioner, the learned State Counsel and perused the record of the case. In the present case this Court had ordered earlier on 10.12.2010 that the Investigating Officer shall produce the alleged kidnapped girl, Nanhi Devi before this Court today. Km. Nanhi Devi is present along with the Investigating Officer, S.I. Sri Ram Prasad Premi. Km. Nanhi Devi has informed this Court, that presently she is staying with her 'Mausi' who lives in another Village and today she has come from her 'Mausi's' place. On further queries made by me, Nanhi Devi stated that she had come along with one Raju, who is also present in the Court.
(2.) Raju appeared before me and he informed that he had brought Km. Nanhi Devi to this Court today and he is brother of Suresh, who is accused in case crime no.210 of 2010 under Sections 363, 366 I.P.C., P.S.Machhrehta, District Sitapur. The F.I.R. in this case was lodged by Nattha, step father of Km.Nanhi Devi. The investigating Officer states that Km.Nanhi Devi was medically examined in this case, case crime no.210 of 2010 under Section 363, 366 I.P.C. and her age was near about seventeen and a half years at that time. From the facts and circumstance of the case it comes out that Km.Nanhi Devi is under duress and she is not stating the correct facts and that, admittedly, she has been brought by Raju, brother of Suresh Kumar, who, as alleged, had earlier kidnapped her along with two others.
(3.) The State Counsel informs that there is already an order passed by the Judicial Magistrate II, Sitapur to the effect that Km.Nanhi Devi be given in the custody of her parents. Today I find the situation to be different, as such, in the interest of justice, it would be proper that Km.Nanhi Devi is sent to Women Protective Home, Sitapur. Accordingly, I direct that the Registrar of this Court shall make the arrangements forthwith to send Km. Nanhi Devi to Women Protective Home at Sitapur, in accordance with law, if possible today.;