Shamim Ahmad alias Meri vs State of U.P.

S.I. Jafri, J.—Heard Sri. Kamal Krishan, learned Counsel for the applicant as well as learned Counsel for the State.

This is an application u/s 482 Code of Criminal Procedure on behalf of the applicant seeking a direction from this Court to the Magistrate at Allahabad to consider and dispose of the application of the applicant on the day, he surrenders before the Magistrate at Allahabad, and further to record the statement of Km. Madhuri Kumari alias Smt. Shakila Begum and finally to subject her to medical examination.

Applicant Shamim Ahmad was indicted of the offence u/s 363 IPC of Police Station Bhadohi, District Varanasi for kidnapping Madhuri Kumari alias Smt. Shakila Begum daughter of Banwari Lal Halwai son of Rati Din Halwai, resident of Nai Bazar Bhadohi Varanasi. The first contention of the learned Counsel for the applicant centres round the prayer for consideration of the bail application of the applicant and its disposal the same day, the applicant surrenders at Allahabad and for a direction to permit the applicant to surrender at Allahabad inasmuch as the kidnapee girl and the applicant belong to different communities and by virtue of this, the situation is fraught with tension between different communities at Bhadohi, Varanasi. In this view of the matter, there is imminent danger to the life and limb of the applicant in case he is made to surrender at Gyanpur Varanasi. Dwelling on merit of the case, it is contended by the learned Counsel for the applicant that Madhur Kumari alias Smt. Shakila Begum and the applicant have legally contracted the marriage and the kidnapee girl has embraced Islam out of her free will and it was not under any duress. It is further contended that it was in view of this tension charged atmosphere where there is every likelihood in case he surrenders at Gyanpur or Varanasi, that he may be physically harmed that a prayer for surrender of the applicant in the courts other than Gyanpur, Varanasi preferably at Allahabad, is being pressed before this Hon''ble Court. It is also commiseratingly submitted by the learned Counsel that earlier also, it has been the judicial discipline of this Court to accede to the prayer of what has been made above and with that judicial discipline in view, this Court may issue directions to the above effect.

I have traversed on each and every aspect of the matter involved in the instant case and upon a consideration, I think it just and proper to direct the Chief Judicial Magistrate Allahabad/Sessions Judge Allahabad to accept the applicant''s surrender at Allahabad who is involved in case Crime No. 134 of 1989 provided the applicant makes it a point to surrender within 3 days from today. The Chief Judl. Magistrate/Sessions Judge Allahabad is further directed to hear, consider and dispose of the application for bail on behalf of the applicant on the day of his surrender itself if any such application is filed on the day by 11 A.M. before the Court. In case, the court may be faced with any practical difficulty in disposing of the application for bail of the Appellant on the day of his surrender, it shall fix a date for final disposal of the application on merits and meanwhile the applicant shall be committed to Jail. It is further directed that the applicant shall make such arrangement as to produce the kidnapee girl before the C.J.M. Allahabad on any date within the stipulated period enabling the court to record her statement. After recording of such statement, the kidnapee girl shall be sent to some protective Home at Allahabad and shall remain there till such period she is medically examined as to ascertain her age. After medical examination if she is found to have matured, or come of age, it will be open to her to go wherever she wishes to go and in the event, she is found to be minor; she shall be committed to the custody of her father whose address is enumerated above.

With the above directions, this application u/s 482 Code of Criminal Procedure is finally disposed of.

Let a copy of this order be supplied to the learned Counsel for the applicant today on payment of usual charges.