Disposed

Sonam Singh and 2 Others v. State of U.P. and 3 Others

Allahabad HC17 Apr 2019CRLP/1186/2019

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR under Sections 366 and 498 IPC alleging abduction. The High Court, instead of quashing the FIR, made it conditional upon producing the victim for recording statements under Section 164 Cr.P.C. pending investigation.

What did the court decide?

Petition disposed off. Ordered to produce victim before investigating officer by 30.04.2019; investigation permitted without coercive action till police report submission.

Sonam Singh and 2 Others Vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 1186 of 2019

¶3

Petitioner :- Sonam Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suraj Kumar Singh Counsel for Respondent :- G.A.

¶4

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

¶5

Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1, 2, 3 & 4; and perused the record.

¶6

The instant petition seeks quashing of the FIR dated 06.07.2018 registered as Case Crime No.137 of 2018 under Sections 366 & 498 I.P.C., Police Station Rampur, District Jaunpur.

¶7

The allegation in the impugned First Information Report, which has been lodged by father of the victim (Sonam Singh), is that victim Sonam Singh, aged about 22 years, is a married lady and she has been enticed away by the accused.

¶8

On 18.01.2019 after considering the submissions of the learned counsel for the petitioners, the Court was pleased to pass the following order:-

¶9

"Heard Sri Suraj Kumar Singh, learned counsel for the petitioners and learned AGA for the State-respondents.

¶10

The contention of learned counsel for the petitioners is that Sonam Singh, the victim, is an adult and she is voluntarily with Shubham @ Kuber Singh (the petitioner no.2) and no force has been used and she has not been enticed away.

¶11

Sonam Singh has been produced before us and has been identified by her counsel Sri Suraj Kumar Singh. She has affirmed the aforesaid contention.

¶12

Matter requires consideration after receipt of response from the respondent no.4.

¶13

Learned AGA has accepted notice on behalf of the respondent nos. 1, 2 and 3.

¶14

Let notice be issued to the respondent no.4 fixing 6th March, 2019.

¶15

List on 06.03.2019.

¶16

By the next date, the respondents shall file their respective counter

¶17

affidavits.

¶18

On the next date fixed, the petitioner no.1 shall again be present before this Court in person.

¶19

Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No. 0137 of 2018, under Sections 366, 498 IPC Police Station Rampur, District Jaunpur, shall remain stayed, subject to petitioners' cooperation in the investigation.

¶20

It is made clear that this Court has not stayed the investigation of the aforesaid case. "

¶21

Pursuant to the order, when the petitioner's counsel had not taken steps to serve notice, on 06.03.2019 we had fixed another date. The office has submitted its report that notice was issued to the respondent no.4 fixing 17.04.2019. It is reported that notices were sent but neither acknowledgement nor undelivered cover has been received back.

¶22

Considering the nature of the order we propose to pass, we do not consider it appropriate to keep the matter pending.

¶23

The petition is disposed off by providing that the petitioner no. 2 shall produce Sonam (victim) before the investigating officer by or before 30th April, 2019 . The investigating officer shall record her statement and, thereafter, produce her before Chief Judicial Magistrate, Jaunpur for recording her statement under Section 164 Cr.P.C. On the basis of material collected during investigation and statement recorded as above, police report shall be submitted. Till submission of police report under Section 173(2) Cr.P.C., no coercive action shall be taken against the petitioners provided the petitioner no. 1 is produced as directed above.

¶24

Order Date :- 17.4.2019 Vibha Singh

Sonam Singh and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sonam Singh and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajay Kumar Vs State of U.P. and 3 Others

Shyamveer Singh Vs State of U.P. and 3 Others

Arti Dixit Vs State of U.P. and 3 Others

Vijay Kumar and 8 Others Vs State of U.P. and 2 Others

Gajay Singh Jayant Vs State of U.P. and 2 Others

Rajendra Singh and 3 Others Vs State of U.P. and 3 Others