CRLMP2051/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Petition No.2051/2010 Banti Yadav S/o Dayaram Vs. State of Rajasthan through P.P. And Another Date of Order ::: 01.11.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Dheeraj Tripathi, Counsel for petitioner Shri N.R. Saran, Public Prosecutor #### By the Court:- Present petition has been filed by petitioner under Section 482 Cr.P.C. with prayer that F.I.R. No.668/2010 registered against him for offence under Sections 363 and 366 IPC at Police Station Kotputali, District Jaipur, be quashed and set-aside. Learned counsel for petitioner has submitted that Suman Kanwar, who is alleged to have been abducted, in fact had come to him out of her own free will and that Suman Kanwar is major and has been residing with petitioner. Police is not producing her before concerning Magistrate for recording her statement under Section 164 Cr.P.C. and that she is willing to give her statement. Learned Public Prosecutor has opposed petition and submitted that if that be so Suman Kanwar may be required to appear before any court and the court concerned may record her statement. CRLMP2051/2010 // 2 // Having regard to submissions of learned counsel for both parties, this petition is disposed of with direction that if Suman Kanwar appears before Chief Judicial Magistrate, Jaipur District, Jaipur, on 15.11.2010, the court shall record her statement and forward a copy thereof to Investigating Officer, who shall act upon her statement as per her wishes in the matter. Till then the petitioner may not be arrested. With that direction, petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//