Disposed

Bhagwandas v. State of U.P. and 3 Others

Allahabad HC15 May 2019CRLP/10545/2019

Case brief

AI extract

What is this about?

This court disposed of a criminal writ petition seeking arrest of the accused and conclusion of investigation in a child sexual offence case. The court directed the investigating officer to produce the victim before the Chief Judicial Magistrate for recording a statement under Section 164 Cr.P.C. and concluded the investigation within two months.

What did the court decide?

Direction to produce victim before Chief Judicial Magistrate to record statement under Section 164 Cr.P.C. and conclude investigation within two months.

Bhagwandas Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10545 of 2019

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Petitioner :- Bhagwandas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Diwanshu Tiwari 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 respondents 1, 2 and 3; and perused the record.

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The instant petition seeks a direction upon the second and third respondent to effect arrest of the respondent and to effectively conclude the investigation of Case Crime No.25 of 2019, under Sections 363, 366 IPC, Section 7/8 of Pocso Act and Section 3(1)(V) of S.C./S.T. Act, P.S. Thathiya, District Kannauj.

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Pursuant to our order dated 06.05.2019, the Investigating Officer of the case Sri Subodh Kumar Jaiswal is present before us and has filed an affidavit stating therein that the victim has been recovered on 13.05.2019 and the accused Ashant Abhay Yadav has been arrested. It has been pointed out that the statement of the victim has been recorded under Section 161 Cr.P.C. wherein she has disclosed that she is aged 19 years and she went along with the accused Abhay to Kanpur where they stayed one day and thereafter they went to Allahabad, where they stayed two days from there they went to Maneshwar where they stayed 10-12 days and from there they went to Ambala and, thereafter, they reached Allahabad, again, for the Kumbh Mela. It is stated by her that she has also solemnized marriage with Abhay.

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In paragraph 6 of the affidavit it has been stated that the victim's date of birth is recorded as 26.07.2005 in her High School Pass Certificate of the year 2019 and in her Class-IX certificate, her date of birth is recorded as 12.02.2005. In the first information report, the victim is stated to be aged 13 years.

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In view of the above, as the victim has already been recovered, we deem it appropriate to require the investigating officer to produce the victim before the Chief Judicial Magistrate, Kannnauj for recording of her statement under Section 164 Cr.P.C. Thereafter, the investigation shall be brought to its logical conclusion, preferably, within next two months.

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The petition stands disposed off .

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Order Date :- 15.5.2019 AKShukla/-

Bhagwandas v. State of U.P. and 3 Others

Case brief

What is this about?

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Bhagwandas v. State of U.P. and 3 Others

Case brief

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