Disposed

Shaila Alias Shahnila and Another v. State of U.P. through Its Principal Secretary Dept. of Home Affairs U.P. Shashan Lko. and 3 Others

Allahabad HC8 May 2018CRLP/4601/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking to quash an FIR under Section 366 IPC alleging abduction. Ruling that no purpose would be served in keeping the matter pending, the Court directed no coercive action till the police report is submitted under Section 173(2) Cr.P.C. and ensured fair investigation.

What did the court decide?

Direction to police to refrain from coercive action till report submission under Section 173(2) Cr.P.C. and ensure fair investigation.

Shaila Alias Shahnila and Another Vs… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4601 of 2018

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Petitioner :- Shaila Alias Shahnila And Another Respondent :- State Of U.P. Through Its Principal Secretary Dept. Of Home Affairs U.P. Shashan Lko. And 3 Others Counsel for Petitioner :- Ankit Agarval Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner and the learned AGA for the State.

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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. 0152 of 2018, under Sections 366 I.P.C., Police Station- Kotwali Shahr, District Bulandshahr.

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Perusal of the interim order dated 23.02.2018, shows that petitioners are adult and they have solemnized marriage out of their own sweet and free will without any fear, threat or coercion and marriage is registered certificate is annexed at page 22 of the writ petition.

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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 , 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

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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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Order Date :- 8.5.2018 Ujjawal

Shaila Alias Shahnila and Another v. State of U.P. through Its Principal Secretary Dept. of Home Affairs U.P. Shashan Lko. and 3 Others

Case brief

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Shaila Alias Shahnila and Another v. State of U.P. through Its Principal Secretary Dept. of Home Affairs U.P. Shashan Lko. and 3 Others

Case brief

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