- (1.) AT the behest of the present petitioner an F.I.R. was drawn being Girish Park police station case no. 222 dated 6th July, 2013 under Sections 354/114 IPC. Subsequently, her statement was recorded under Section 164 CrPC and pursuant to what further transpired therefrom, Sections 376/323/506 IPC were added. Following that the Investigating Officer of the case made a prayer before the court below for taking the petitioner into safe custody and passing necessary order for her medical examination. On 23rd July, 2013 such prayer was allowed. Aggrieved by that order, more particularly whereby the learned Court below allowed the prayer of the police for taking the petitioner into safe custody, this criminal revision was moved.
(2.) IT is an admitted position till date pursuant to the aforesaid order neither the petitioner was taken into custody nor her medical test has been done.
(3.) LEARNED counsel for the petitioner submitted that since she was an adult, the question of taking her into safe custody never arose. He further submitted however the petitioner was ready and willing to submit her for medical examination. On the other hand, learned counsel for the State submitted that after her statement under section 164 CrPC was recorded, from the facts divulged therefrom, it became necessary not only that she be medically examined but also she should be taken into safe custody. Therefore, there was no wrong on the part of the investigating officer of the case to make such prayer nor any illegality was committed by the court below in allowing such prayer.;