- (1.) S. I. Jafri, J. Heard Sri Kamal Krishna, learned counsel for the applicant as well as learned counsel for the State.
(2.) THIS is an application under Section 482, Cr PC on behalf of the applicant seeking a direction from this Court to the Magistrate at Allahabad to consider and dispose of the application on the day, he surrenders before the Magistrate at Allahabad, and further to record the statement of Km. Madhuri Kumari alias Srat. Shakila Begum and finally to subject her to medical exami nation. Applicant Shamim Ahmad was indicted of the defence under Section 362, IPC of Police Station Bhadohi, District Varanasi for kidnapping Madhuri Kumari alias Smt. Shakila Begum daughter of Banwari Lal Halwai son of Ratidin Halwai, resident of Nai Bazar, Bhadohi, Varanasi. The first contention of the learned counsel for the applicant centres round the prayer for consideration of the bail application of the applicant and its disposal the same day, the applicant surrenders at Allahabad and for a direction to permit the applicant to surrender at Allahabad inasmuch as the kidnapee girl and the applicant belong to different communities and by virtue of this between different communities the situation is fraught with tension at Bhadohi, Varanasi. In this view of the matter, there is imminent danger to the life and limb of the applicant in case he is made to surrender at Gyanpur, Varanasi. Dwelling on merit of the case, it is contended by the learned counsel for the appellant that Madhuri Kumari alias Smt. Shakila Begun and the applicant have legally contracted that marriage and the kidnapee girl has embraced Islam out of her free will and it was not under any duress. It is further contended that it was in view of this tension charged atmosphere where there is every likelihood in case he surrenders at Gyan pur or Varanasi, that he may be physically harmed that a prayer for surrender of the applicant in the courts other than Gyanpur Varanasi preferably at Allahabad, is being pressed before this Hon'ble Court. It is also commisseratingly submitted by the learned counsel that earlier also it has been the judicial discipline of this Court to accede to the prayer of what has been made above and with that judicial discipline in view, this Court may issue directions to the above effect. I have traversed on each and every aspect of the matter involved in the instant case and upon a consideration, I think it just and proper to direct the Chief Judicial Magistrate Allahabad/sessions Judge Allahabad to accept the applicant's surrender at Allahabad who is involved in case Crime No. 134 of 1989 provided the applicant makes it a point to surrender within 3 days from today. The Chief Judicial Magistrate/sessions Judge Allahabad is further directed to hear, consider and dispose of the application for bail on behalf of the applicant on the day of his surrender itself if any such application is filed on the day by 11 a. m. before the Court. In case, the court may be faced with any practical difficulty in disposing of the application for bail of the applicant on the day of his surrender, it shall fix a date for final disposal of the application on merits and meanwhile the applicant shall be committed to Jail. It is further directed that the applicant shall make such arrangement as to produce the kidnap-pee girl before the C. J. M. Allahabad on any date within the stipulated period enabling the court to record her statement. After according of such statement, the kidnappee girl shall be sent to some Protective Home at Allahabad and shall remain there till such period she is medically examined as to ascertain her age. After medical examination if she is found to have matured or come of age, it will be open to her to go where ever she wishes to go and in the event, she is found to be minor, she shall be committed to the custody of her father whose address is enumerated above.
(3.) WITH the above directions this application under Section 482, Cr PC is finally disposed of Let a copy of this order be supplied to the learned counsel for the applicant today on payment of usual charges. Application allowed. .;