Disposed

Smt. Jaya Kaushik and Another v. State of U.P. and 3 Others

Allahabad HC23 Apr 2019CRLP/10706/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition to quash an FIR under Section 366 IPC for enticement, the High Court disposed of the petition by directing the production of the complaining party before the Chief Judicial Magistrate. If she alleges force, custody orders will be passed; if she claims voluntariness, the investigation will proceed to record a statement under Section 164 Cr.P.C.

What did the court decide?

Direction to produce victim before CJM to ascertain voluntariness; no coercive action pending this exercise.

Smt. Jaya Kaushik and Another Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10706 of 2019

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Petitioner :- Smt. Jaya Kaushik And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kant Yadav 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 petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the impugned First Information Report dated 10.04.2019, registered as Case Crime No.187 of 2019, under Section 366 I.P.C, Police Station Milak, District Rampur.

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The allegation in the First Information Report is that the informant's daughter Ms. Jaya Kaushik, who is aged about 22 years, has been enticed away by the accused Abhishek Mahajan.

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The accused Abhishek Mahajan and the victim have jointly filed this petition by claiming that both of them are adult and they have voluntarily entered into relationship with each other, and, therefore, no offence has been committed.

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The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to record the statement of the victim and, thereafter, take appropriate action as per law.

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Having considered the submissions, we deem it appropriate to dispose off this petition by providing as follows :-

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The petitioner no.2 shall produce the petitioner no.1 (Smt. Jaya Kaushik) before the court of Chief Judicial Magistrate, Rampur by or before 06th May, 2019. Upon her production, the Chief Judicial Magistrate, Rampur shall proceed to record the statement of Smt. Jaya Kaushik to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the

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custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.

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On the basis of the statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.

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The aforesaid exercise shall be completed preferably within a period of four weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 6th May, 2019, or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.

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It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.

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With the aforesaid observations/directions, the petition is disposed off.

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Order Date :- 23.4.2019

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m.a.

Smt. Jaya Kaushik and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Jaya Kaushik and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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