Neutral Citation No. - 2025:AHC:22021 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2252 of 2025 Applicant :- Smt. Punam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Akhil Kumar Shukla, learned counsel for the applicants and Sri Jitendra Kumar, learned A.G.A. for the State. 2. Learned counsel for the applicants submits that a first information report stood lodged against applicant no.2 and his mother (applicant no.3) being F.I.R. No.105 of 2018 on 10.10.2018 purported to be under Sections 363 and 366 IPC regarding abduction of one Punam, who is applicant no.1, alleging that she was 14 years of age at the time of commission of offence. Learned counsel for the applicants submits that thereafter the applicant nos. 2 and 3 preferred Application U/s 482 No. 1531 of 2010, Vinod Kumar and another vs. State of U.P. and others, in which on 22.01.2010, following orders were passed: - "Heard learned counsel for the applicant and the learned AGA. This petition has been filed by the applicants with a prayer to quash the chargsheet dated 17.5.2009 in case crime no. 444 of 2008, under section 363, 366, IPC, P.S. Tall Gram, District- Kannauj pending in the court of learned ACJM, Kannauj. It has been contended by the learned counsel for the applicant that due to non-appearance of the I.O., the statement of the alleged kidnapped girl could not be recorded by learned Magistrate concerned. Therefore some more time may be given to the applicant to produce Kumari Poonam before the court concerned. However, considering the submission made by the learned counsel for the applicant that the alleged kidnapped girl Km. Poonam shall be produced before the court concerned within, 15 days from today. Thereafter she shall be identified by the I.O. and opposite party no. 2 and after identification she shall be medically examined by C.M.O. Concerned to determine her age etc. After medical examination her statement shall be recorded under section 164 Cr.P,.C, thereafter the learned Magistrate concerned shall be passed an approprite order with regard to her custody as directed by this Court on 22.1.2010. Till then no coercive step shall be taken against the applicants. With the above direction, this application is finally disposed of." 3. However, according to the applicant on 17.02.2010, statement under Section 164 CrPC of the applicant no.1, victim stood recorded, wherein she deposed that she has married applicant no.2 and she is 20 years of age and as per the medical examination, it has come on record that she is 18 years of aged being major. Learned counsel for the applicants submits that due to misplacement of the court file date was not fixed, thereafter when it was found on 15.09.2022 the non-bailable warrant was issued on 04.12.2024. Learned counsel for the applicant submits that the applicant no.1 is residing with applicant no.2 and the life is altogether smooth and comfortable. Prayer of the applicants is for granting an interim protection to the applicants and in the meantime, appropriate application shall be filed by the applicants before the court below for recalling of the said order. 4. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection and submit that let an interim protection be accorded for certain time period so as to prefer appropriate application either for recall of the order or even otherwise. 5. Considering the submissions of the parties, the application stands disposed of directing the applicants to prefer an appropriate application for recall of the non-bailable warrant by 28.02.2025 and on the same being tendered, application shall be decided by 20.03.2025. 6. Till the said period, no coercive action shall be taken against against the applicants in Criminal Case No.198 of 2010 arising out of Case Crime No. 444 of 2008, under Sections 363, 366 IPC, P.S. Talgram, District- Kannauj, pending in the Court of Addl. Civil Judge (S.D.)/Addl. Chief Judicial Magistrate, Kannauj. 7. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Order Date :- 17.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad