S.K. Saxena, J. - (1.) THIS revision under section 397/401 Cr.P.C. is directed against the order dated 23.12.2014 passed by Chief Judicial Magistrate, Muzaffarnagar, ordering custody of victim in favour of her father. Heard Sri Nirvikar Gupta, learned Counsel for the revisionist and learned AGA for the State.
(2.) BRIEFLY stated facts of this case are that an FIR was lodged under sections 363/366 IPC (crime No. 230 of 2014, P.S. Sikheda, District Muzaffarnagar) arising out of kidnapping of Kumari Sitara. Aforesaid FIR was challenged by revisionist and others in W.P. No. 22776 of 2014 before Allahabad High Court, which was finally disposed of on 26.11.2014. Division Bench of this Court directed petitioners to produce the girl before Chief Judicial Magistrate, Muzaffarnagar, who will get her medically examined for determination of her age. Her statement will also be recorded under section 164 Cr.P.C. Sitara in her statement recorded under section 164 Cr.P.C. stated that she had left her house alone in the morning of 30.10.2014. She went to Sikheda, Muzaffarnagar, Roorkee and Ambala. After reaching Ambala, she called Furkan and both went to Doraha on her own volition. It was clearly stated that she wants to live with Furkan and report has been wrongly lodged. Furkan has not kidnapped her and both are innocent. This statement was recorded on 17.12.2014.
(3.) REPORT of Medical Officer shows that victim was found to be about eighteen years old.;