Atul Kumar Jain, J. - (1.) Mr. Ravi Kumar, who is alleged husband of Smt. Rijwana D/o Sabuddin, resident of Bharatpur has filed this petition under Section 482 Cr.P.C. and prays for custody of his pregnant wife. He further alleges that Chief Judicial Magistrate, Bharatpur by order dated 9th April, 2013 in relation to FIR No. 91/2012 registered at PS Kotwali Bharatpur has ordered that since the girl is minor, as per case diary of police where the girl is found to be about 17 years of age (alleged date of birth 20th October, 1996) she should be kept in safe custody of Balika Grah at Jaipur. By that order, applications for supardgi of Smt. Rijwana which have been filed by her father as well as by her alleged husband have been rejected by CJM, Bharatpur.
(2.) Photocopy of conversion of religion certificate and photocopy of marriage certificate have also been filed before us and alleged statement under Section 164 Cr.PC. of Rijwana recorded by Judicial Magistrate No.1, Bharatpur has also been filed before us. It appears that Judicial Magistrate No.1 has unauthorizedly recorded the statement of Smt. Rijwana under Section 164 Cr.P.C. because it has nowhere been mentioned in it that the statement has been recorded on the request of IO/SHO, PS Kotwali, Bharatpur.
(3.) To my knowledge precedents and circulars of this Court prohibit the recording of the statements under Section 164 Cr.P.C. by a Magistrate unless there is a prayer/request to this effect of the concerned 10. In this matter, an explanation of the then Judicial Magistrate, Bharatpur who has recorded the statement on 08.04.2013 should be called by the District Judge, Bharatpur and then the said explanation should be sent to this court also within fifteen days from today.;