Disposed

Vijay Bahadur Singh and 4 Others v. State of U.P. and 3 Others

Allahabad HC19 Apr 2019CRLP/1205/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition for quashing an FIR alleging enticement of a 17-year-old victim. Finding the victim claimed to be an adult but necessitating verification, the Court directed her statement be recorded by the IO and CJM before the case report was filed. Coercive action was stayed until the report was submitted. No quashing order was passed.

What did the court decide?

No coercive action shall be taken against the petitioners until the submission of the police report under Section 173(2) Cr.P.C. pending recording of the victim's statement.

Vijay Bahadur Singh and 4 Others 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. - 1205 of 2019

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Petitioner :- Vijay Bahadur Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar 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 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 first information report dated 03.01.2019 registered as Case Crime No.3 of 2019, under Sections 363, 366, 120-B IPC, P.S. Jalalpur, District Jaunpur.

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The allegation in the impugned first information report, which has been lodged by the father of the victim, is that the victimAnchal Singh alias Acchi Singh, aged about 17 and a half years, has been enticed away by the accused.

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The victim as well as accused have jointly filed this petition by claiming that the victim is an adult and, as per High School Certificate, her date of birth is 15.05.2000 and that she has voluntarily entered into relationship with the petitioner no.4 and that no force has been used upon her and, therefore, the allegations are false and the impugned first information report is liable to be quashed.

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On 18.01.2019, following order was passed:-

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"The contention of learned counsel for the petitioners is that Anchal (victim) is an adult with date of birth 15.05.2000 recorded in the High School Certificate of High School Examination of 2016 and she has voluntarily entered into relationship with the petitioner no.4 (Atul Singh).

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Smt. Anchal (petitioner no.5) has been produced before us by Smt. Alpana Tiwari, Advocate, learned counsel for the petitioners. Smt. Anchal (petitioner no.5) has stated before us that she is an adult and she has voluntarily entered into relationship with the petitioner no.4 and no force has been used.

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In view of the above, the matter requires consideration after receiving response from the respondent no.4.

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Learned A.G.A. has accepted notice on behalf of respondent nos.1, 2 and 3.

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Let notice be issued to the respondent no.4 fixing 07.03.2019.

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List on 07.03.2019. On the next date, the petitioner no.5 shall also be present before this Court in person.

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

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in Case Crime No.0003 of 2019, under Sections 363, 366 120-B I.P.C., Police Station Jalalpur, District Jaunpur.

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

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Office has submitted a report that notice was sent to the respondent no.4, fixing 19.04.2019 but neither undelivered cover nor acknowledgement of the notice sent has been received back.

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However, Sri Vinay Kumar Singh has appeared on behalf of the respondent no.4. He has not been in a position to dispute the date of birth entered in the High School Certificate.

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A short counter affidavit has also been filed by the Investigating Officer in which it is stated that the date of birth of the victim is 15.05.2000 and she is a major.

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In view of the above, we deem it appropriate to dispose off this petition by providing that the victim shall be produced before the Investigating Officer of the case for recording her statement under Section 161 Cr.P.C. After recording her statement under Section 161 Cr.P.C., the victim shall be produced before the Chief Judicial Magistrate, Jaunpur for recording of her statement under Section 164 Cr.P.C. On the basis of the statement of the victim and the material collected during the course of investigation, police shall submit report as per law. Till submission of police report under Section 173(2) Cr.P.C., no coercive action shall be taken against the petitioners provided the victim is produced before the Investigating Officer of the case, as directed above, by or before 02nd May, 2019.

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Order Date :- 19.4.2019 AKShukla/-

Vijay Bahadur Singh and 4 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

Vijay Bahadur Singh and 4 Others v. State of U.P. and 3 Others

Case brief

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