- (1.) VIRENDRA Saran, J. Heard learned Counsel for the applicant and the learned Government Advocate.
(2.) SMT. Meena is alleged to bea victim in an offence under Section 363/3661. P. C. registered as Crime No. 35/98 at P. S. Phardhan, Distt. Kheri. The F. I. R. of the case was lodged by Krishna Kumar in which it was mentioned that his daughter had eloped with Randhir. Smt. Meena has filed this applica tion with the allegations that she is major and has entered into marriage with Randhir on 11-2-1998. A medical certifi cate of Chief Medical Officer, I Cheri has been filed as Annexure-2 which shows that according to doctor age of Smt. Meena was about 15years. In Annexure-45mt. Meena has filed two coloured photographs along with Randhir showing some marriage ceremony going on. Smt. Meena and Randhir are present in Court. No doubt photographs are of the persons who are present in Court. From appearence Smt. Meena appears to be major. A copy of the marriage certificate of Arya Samaj Man-dir, Barabanki has also been filed. An-nexure-5 is medical certificate of Dr. Ran-jana Mishra, Obsterician & Gynae cologist which, shows that urine test for pregnancy has been found to be positive. This certificate is dated 10-4-1998. A prayer has been made in this application that the statement of Smt. Meena be recorded u/s. 164 Cr. P. C. and the learned counsel for the applicant has submitted that in case Smt. Meena falls in the hands of police she may be coerced to make statement in line with the prosecu tion case. He has further submitted that forcible abortion may also be done in case. Smt. Meena falls in the hands of police. Learned Counsel has also submitted that father of Randhir has been arrested on the basis of the F. I. R. of Krishna Kumar at Lakhimpur-Kheri and is in jail.
(3.) CONSIDERING the entire facts and circumstances of the case, the averments made in the affidavit do not appear to be without force and I am of the view that in the interest of justice the statement of Smt. Meena be recorded under. 164,cr. P. C. In the result, this application is allowed. Learned C. J. M. Lucknow, shall, on the production of a copy of this order before him, record the statement of ap plicant Smt. Meena under Section 164, Cr. EC. Applicant shall file an application for recording statement along with copy of this order in the first part of the working day. Applicant shall also file three sets of the coloured photographs (which have been filed in Annexure-4 in this applica tion) before the CJ. M. The learned Chief Judicial Magistrate, Lucknow, shall affix on set of photographs on the statement of Smt. Meena and shall keep another set in sealed cover. He shall send a copy of the statement so recorded to Investigating Of ficer of Crime No. 35/98 registered at P. S. Phardhan, Distt. Kheri. He shall forward original statement so recorded to learned CJ. M. Kheri, who in turn shall forward the same to concerned Magistrate, Incharge of cases of P. S. Phardhan. Third copy of the statement so recorded affixed with one set of photograph having seal of the Court shall be supplied to Smt. Meena.;