- (1.) LEARNED Counsel for the petitioner is permitted to implead Ram Prasad Gupta as respondent No. 3 today in Court.
(2.) THE victim of the offence, namely, Rani Gupta has appeared before us and has informed us that she was being married by her parents against her wishes to a boy of her dislike. Hence she, of her own free will, entered into marriage with Shiv Kumar Gupta alias Raju on 21-2-1999 in Arya Samaj Mandir. She has also added that Shiv Kumar Gupta alias Raju is the brother-in-law (Devar) of her elder sister Smt. Sangeeta Gupta, she has also stated before us that she was in love with Shiv Kumar Gupta alias Raju and hence she entered into marriage with him. In photographs filed in Annexure-3, Rani Gupta who has appeared before us today, is seen entering into marriage ceremony. In view of the statement orally given by Rani Gupta, we are of the view that her statement may be recorded by the Chief Judicial Magistrate, Lucknow under Section 164, Cr. P. C. Accordingly we direct that Rani Gupta shall appear before the Chief Judicial Magistrate, Lucknow within one week from today and supply her coloured photograph to the Chief Judicial Magistrate and on the production of a copy of this order, the Chief Judicial Magistrate shall record the statement of Rani Gupta on the same date and affix the photograph on the top of the statement. He shall send the statement to this Court in a seal cover and shall also send a copy of the statement so recorded to the Investigating Officer of Crime No. 169/99 of P. S. Kotwali Nagar, Bahraich. He shall also supply a copy of the statement of Rani Gupta to her or her Counsel on payment of requisite charge on the same day. According to the F. I. R. , age of Rani Gupta is 25 years. From her appearance also, she appears to he quite grown up and major and we believe that her statement before us, is voluntary.
(3.) GOVERNMENT Advocate may file counter-affidavit within a month and rejoinder affidavit may be filed within two weeks thereafter. Also issue notice to Sri Ram Prasad Gupta, father of Rani Gupta. Until further orders, the arrest of the petitioner in Crime No. 169/99 of P. S. Kotwali Nagar Bahraich shall remain stayed and no process under Section 83, Cr. P. C. shall be issued until further orders by the concerned Magistrate. It is further provided that personal liberty of Rani Gupta shall not be interfered with in any manner until further orders. Petition allowed. .;