Partly allowed
Riyaj and 4 Others v. State of U.P. and 3 Others
Allahabad HCCRLP/4355/2018
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. WRIT PETITION No. -…
What the court decided
AI extract
Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4355 of 2018
Petitioner :- Riyaj And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- G.A.,Sudhir Bharti
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Mohammad Monis, learned counsel for the petitioners, Sri Sudhir Bharti, learned counsel for the respondent no. 4, Sri Vikas Sahai, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 31.12.2017 registered as case crime no. 404 of 2017 under sections 363, 366, 506 I.P.C., 7/8 POCSO Act and 3 (1) (Dha) S.C./S.T. Act, police station Ghazipur, District Fatehpur.
Considering the submissions made by the learned counsel for the petitioners that the kidnapped girl shall be produced before the court concerned, it is directed that in case the alleged kidnapped girl Km. Ankita @ Rabiya appears/produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 161 Cr.P.C. and 164 Cr.P.C, the learned Magistrate concerned shall fix a date for the same purpose, on that date the first informant & officer in charge of the police station concerned shall be summoned, she shall be produced before C.M.O. concerned by the concerned police officer for her medical examination thereafter she shall be produced before CJM concerned for recording her statement under section 164 Cr.P.C. the same shall be recorded on the application filed by the I.O./Officer in charge of the police station concerned, till then no coercive step shall be taken against the petitioners, in default of it, it shall be opened to the police authority concerned to arrest the petitioners, if she is found major and does not support the FIR version, the petitioners shall not be arrested till submission of the police report under section 173(2) Cr.P.C. but the petitioners shall co-operate with the investigation. In case the alleged kidnapped girl appears to be minor or if she is major but supports the prosecution version, it shall be opened to the police authority to arrest the petitioners. In case the petitioners approach the S.S.P. concerned to provide the security for the above mentioned purpose, the same shall be provided to them.
It is further directed that issue of custody of the alleged kidnapped girl shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 23.2.2018 Shiraz
1 issue framed by the court
Whether to quash the FIR under sections 363, 366, 506 IPC, 7/8 POCSO Act and 3 (1) (Dha) S.C./S.T. Act.
Riyaj And 4 Others
State Of U.P. And 3 Others
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court