- (1.) Case called out in the revised list. Heard Sri R.V. Mishra, learned counsel for the revisionists, learned AGA for the State and perused the record. As per office report dated 15.3.2012, fresh notices were issued to opposite party Nos. 2 and 3 in pursuance of this Court order dated 6.2.2012, but the same has not been received back after service so far, as per record. Opposite Party No. 3, Smt. Rekha, who is the wife of revisionist No. 1, Devaki Nandan alias Devo, is said to be living with the revisionist No. 1 at present. Hence notice to her is sufficient. So far as the notice to opposite party No. 2, Bhan Singh is concerned, this Court consider it desirable that the matter be proceeded as Smt. Rekha, Opposite Party No. 3, is the wife of revisionist No. 1 and she being a major girl, is residing with him, hence it appears that opposite party No. 2 is not interested in the present matter to contest it before this Court, and the matter pertains to the year 2010, it cannot be allowed to linger on.
(2.) This Criminal Revision has been preferred against the judgment and order dated 9.10.2009 passed by the Additional Chief Judicial Magistrate, Room No. 2, Mathura, by which the learned Magistrate has taken cognizance of the offence and summoned the revisionists vide order dated 2.12.2009 in Criminal Case No. 1728 of 2009 (State v. Devo and others), under Sections 363, 366 I.P.C., Police Station-Gobardhan, District-Mathura.
(3.) The brief facts giving rise to the present revision is that a FIR was lodged by opposite party No. 2 on 27.4.2009 against the revisionists. The said FIR was challenged by the revisionists before this Court in Criminal Misc. Writ Petition No. 8600 of 2009 (Smt. Rekha and others v. State of U.P. and others) and the opposite party No. 3, Smt. Rekha, had appeared before a Division Bench of this Court alongwith the revisionist No. 1, Devaki Nandan alias Devo, and she stated that she has married to the revisionist No. 1. Pursuant to the direction issued by this Court vide order dated 15.5.2009, the victim Smt. Rekha was medically examined and her age was reported to be above 18 years and her statement was also recorded under Section 164 Cr.P.C., wherein she admitted that she has married with revisionist No. 1 and they are living as husband and wife. The copy of the statement of victim Smt. Rekha recorded under Section 164 Cr.P.C. is annexed as Annexure-7 to the affidavit filed in support of the present Criminal Revision, in which she has categorically stated that she knew the revisionist No. 1 since long and he used to come to her house frequently and on 23.4.1989 at about 3.30 in the night, she on her own free will, accompanied the revisionist No. 1 and the accused Devaki Nandan alias Devo had not enticed her from her parents' house and she had gone with him to marry and thereafter on 23.4.2009 they married in Jogni Maiya Mandir, Jaipur and they also stayed for about 21 days in Allahabad. The investigation was carried out and the Investigating Officer submitted charge-sheet against the revisionists on 11.8.2009, on the basis of which, learned Magistrate took cognizance on 9.10.2009 and further summoned the revisionists for trial on 2.12.2009.;