Disposed

Durgesh and 3 Others v. State of U.P. and 2 Others

Allahabad HC19 Apr 2019CRLP/10391/2019

Case brief

AI extract

What is this about?

The High Court directed the petitioner to produce the victim before the Chief Judicial Magistrate to ascertain if force was used. Pending production and recording of the victim's statement under Section 164 Cr.P.C., no coercive action or arrest against the petitioners was to be taken. The petition was disposed of by issuing these directions.

What did the court decide?

Petitioner directed to produce victim before Chief Judicial Magistrate by May 2nd, 2019, for voluntary assumption; no coercion permitted until police report filed.

Durgesh and 3 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10391 of 2019

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Petitioner :- Durgesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.

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The instant petition seeks quashing of the F.I.R. dated 8.2.2019 registered as case crime no. 57 of 2019 under Section 366 I.P.C., Police Station - Dibai, District- Bulandshahr.

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The first information report, which has been lodged by the brother of victim alleges that the victim, Durgesh, aged about 23 years, has been enticed away by the accused.

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The accused persons and Durgesh have jointly filed this petition by claiming that admittedly the victim is an adult and she has voluntarily been in relationship with the petitioner no. 2, Chandra Veer Singh and, therefore, no offence has been committed.

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Considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the petitioner no. 2 shall produce petitioner no. 1 (Durgesh) before the Chief Judicial Magistrate, Bulandshahr on or before 2nd May, 2019. Upon her production, the Chief Judicial Magistrate, Bulandshahr shall enquire from the victim whether any force has been used upon her or not. In case, it is found that any force has been used upon her, he shall immediately proceed to pass order providing protection to the victim. In case, the victim deposes that no force has been used and she has been voluntarily in the company of the petitioner no.2, the Chief Judicial Magistrate concerned shall fix a date for recording of the statement of the victim under Section 164 Cr.P.C. Notice of the said date fixed shall be provided to the Investigating Officer of the case, who shall inform the parents/guardian of the victim about the same. On the date so fixed the statement of victim shall be recorded under Section 164 Cr.P.C.

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On the basis of the statement of the victim recorded under

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Section 164 Cr.P.C. the police shall submit a report under Section 173 (2) Cr.P.C.

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Till 2nd May, 2019, no coercive action shall be taken against the petitioners. Thereafter, the accused shall be dealt with as per the statement of the victim.

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In case, the victim states that no force has been used by any of the accused then in that event accused shall not be arrested till submission of the police report under Section 173 (2) Cr.P.C.

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It is made clear, if the victim is not produced by or before the Chief Judicial Magistrate, as directed by this Court or on the date fixed for recording of her statement, the police shall be at liberty to take all such steps as are necessary to bring the investigation to its logical conclusion which may include the arrest of accused.

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The petition stands disposed off .

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O rder Date :- 19.4.2019 A. Pt. Singh

Durgesh and 3 Others v. State of U.P. and 2 Others

Case brief

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Durgesh and 3 Others v. State of U.P. and 2 Others

Case brief

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