Dinesh Maheshwari, J. - (1.) THE petitioner - Santosh Nath is present in person with his counsel Mr. Ajitabh Acharya; Babu Lal - respondent No. 5 is present in person with his counsel Mr. K.L. Joshi, Ms. Rekha and Shri Pukh Raj. ASI are also present. Pursuant to the earlier order passed in this matter, today, the respondent No. 5 Mr. Babu Lal has produced his daughter Ms. Rekha before the Court.
(2.) WE have conferred with Ms. Rekha in camera proceedings and thereafter in presence of all the concerned. Ms. Rekha has categorically made the statement before us that Santosh Nath, the petitioner present in the Court is the person with whom she has contacted marriage; and that she does not want to go with her parents; and that she wants to go with the petitioner -Santosh Nath. It is also an admitted position on behalf of all the parties that Ms. Rekha is about 22 years in age. Looking to the overall circumstances and the categorical statement made by Ms. Rekha before us, we find no impediment in letting go to the place of her choice. In the circumstances of the case, it is also considered appropriate that if she wants to accompany the petitioner -Santosh Nath and to go with him, it shall be required of the ASI Shri Pukhraj to ensure their safe passage to the destination of their choice.
(3.) WHILE going through the case diary, we have noticed the unacceptable position that though the Judicial Magistrate, Devgarh forwarded the complaint as made by the petitioner - Santosh Nath as back as on 15.12.2011 under Sec. 56 (3) CrPC but in the Police Station Devgarh an FIR thereupon seems to have been registered only on 09.01.2012, and the endorsement does not bear seal and signature of the concerned official.;