Disposed

Jyoti Saini and Another v. State of U.P. and 2 Others

Allahabad HC15 May 2019CRLP/1891/2019

Case brief

AI extract

What is this about?

The Court disposed of the petition seeking quashing of an FIR by directing the production of the victim to record statements under Sections 161 and 164 Cr.P.C. Coercive action is stayed pending the police report, subject to victim production.

What did the court decide?

Victim to be produced by 30.5.2019 for statements under Sections 161 and 164 Cr.P.C.; coercive action stayed pending police report under Section 173(2) Cr.P.C.

Jyoti Saini and Another Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 1891 of 2019

¶3

Petitioner :- Jyoti Saini And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan 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 and 2 and perused the record.

¶6

The instant petition seeks quashing of the FIR dated 10.12.2018 registered as Case Crime No. 839 of 2018, under Sections 363, 366, 504, 506 I.P.C., at Police Station Transport Nagar, District Meerut.

¶7

The allegations in the impugned F.I.R. is that sister of the informant has been enticed away by the accused.

¶8

The victim (sister of the informant) and the accused Ashish, petitioner No.2, have jointly filed this petition by claiming that they are both adults and have voluntarily entered into relationship with each other and, therefore, the FIR is liable to be quashed. On 25.1.2019 the following order was passed:

¶9

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

¶10

The contention of learned counsel for the petitioners is that the petitioners are adult and they have voluntarily entered into relationship with each other and no force or coercion has been used upon the petitioner no. 1 and therefore the first information report deserves to be quashed. Reliance has also been placed on the High-School marksheet of the petitioner no. 1 which discloses her date of birth as 07.02.1996.

¶11

The learned counsel for the petitioners has produced the petitioner no. 1 in Court. She has stated that she is an adult and she has voluntarily entered into relationship with the petitioner no. 2.

¶12

Matter requires consideration.

¶13

Learned A.G.A. has accepted notice on behalf of the respondent nos. 1 & 2.

¶14

Let notice be issued to the respondent no. 3 fixing 27th March, 2019.

¶15

List on 27.03.2019.

¶16

By the next date, the respondents shall file their respective counter affidavits. The petitioner no.1 shall also be present in person on the next date fixed.

¶17

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. 839 of 2018, under Sections 363, 366, 504, 506 I.P.C., Police Station-Transport Nagar, DistrictMeerut, shall remain stayed, subject to petitioners' cooperation in the investigation.

¶18

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

¶19

Pursuant to the above order as well as subsequent order dated 27.3.2019, notice was issued to the Respondent No.3 fixing 8.5.2019. The office has submitted report that neither acknowledgement nor undelivered cover of the notice sent to Respondent No.3 has been received back.

¶20

No one has appeared on behalf of Respondent No.3 although a short counter affidavit has been filed by the Investigating Officer. In para 10 of the counter affidavit it is stated that date of birth of the victim, as per High School Examination certificate of the year 2013, is 7.2.1996. The investigation is stated to be pending because the statement of the victim has not been recorded.

¶21

In view of the above, we deem it appropriate to dispose of this petition by providing that the victim shall be produced before the Investigating Officer by or before 30th May, 2019. Upon her production, the statement of the victim would be recorded under Section 161 Cr.P.C. and thereafter the victim shall be produced for getting her statement recorded under Section 164 Cr.P.C. On the basis of the statement of the victim, the police report shall be submitted under Section 173 (2) Cr.P.C. as per law.

¶22

Till submission of police report, under Section 173 (2) Cr.P.C., in the aforesaid case, no coercive action shall be taken against the petitioners, provided the victim is produced as directed above.

¶23

The petition stands disposed of.

¶24

Order Date :- 15.5.2019 Manish Tripathi

Jyoti Saini and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jyoti Saini and Another v. State of U.P. and 2 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

Navin Kumar @ Navin and 3 Others Vs State of U.P. and 2 Others

Samir @ Amir Khan and Another Vs State of U.P. and 2 Others

Manish Kumar Vs State of U.P. and Another

Vishambhar and 7 Others Vs State of U.P. and 2 Others

Bhagwandas Vs State of U.P. and 3 Others

Mewati Devi Vs State of U.P. and Another