Disposed

Smt. Deepali Chauhan and 3 Others v. State of U.P. and 4 Others

Allahabad HC14 May 2018CRLP/16647/2017

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous writ petition seeking to quash an FIR under Section 366 IPC. Relying on cited pre precedents and the victim's statement, the court stayed coercive action until the police submitted its final report, directed a fair investigation within three months, and reserved liberty to recall the order upon report submission.

What did the court decide?

Coercive action stayed pending police report under Section 173(2) Cr.P.C.; investigation to be completed expeditiously within three months; liberty to recall order if report submitted.

Smt. Deepali Chauhan and 3 Others Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16647 of 2017

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Petitioner :- Smt. Deepali Chauhan And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satyendra Narayan Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard the learned counsel for the petitioners and Sri R.K. Maurya learned AGA for the State.

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In view of office report service of notice upon respondent no.4 and 5 is deemed to be sufficient.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 729 of 2017 u/s 366 IPC PS Khurja Nagar District Bulandshahar.

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We have perused the order dated 21.8.2017 and subsequent order dated 2.2.2018 which show that as per the High School marksheet the date of birth of the girl is 9.3.1999.

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In view of the facts and circumstances of the case and with the consent of learned counsel for the parties and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 , and also in view of the statement made by the victim girl herself before this Court on 8.11.2017, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;

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(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010.

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(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

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(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.

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The writ petition, accordingly, stands disposed off finally.

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The aforesaid order has been passed by the consent of all the learned counsel for the parties concerned.

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Order Date :- 14.5.2018 SP

Smt. Deepali Chauhan and 3 Others v. State of U.P. and 4 Others

Case brief

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Smt. Deepali Chauhan and 3 Others v. State of U.P. and 4 Others

Case brief

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