Disposed

Pinki Devi and 3 Others v. State of U.P. and 3 Others

Allahabad HC13 Aug 2019CRLP/20604/2019

Case brief

AI extract

What is this about?

This court disposed of a criminal writ petition seeking to quash an FIR under Section 363 IPC regarding alleged abduction of a minor. The court directed production of the minor for age determination and granted the petitioner immunity from arrest for six weeks.

What did the court decide?

Petitioner granted immunity from arrest for six weeks; directed to produce minor for age determination under Section 164 Cr.P.C.

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

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 20604 of 2019

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Petitioner :- Pinki Devi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Priyavrat Tripathi,Ramesh Chandra Srivastava

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Counsel for Respondent :- G.A.

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Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Umesh Kumar,J.

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Sri Akhilesh Kumar Ojha, has put appearance on behalf of respondent no.4.

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The writ petition has been filed for quashing the FIR dated 29.07.2019 arising out of Case Crime No. 279 of 2019, under Section 363, I.P.C., P.S.- Rampur Maniharan, DistrictSaharanpur.

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In the FIR allegation has been made that Pinki aged about 13 and half year was enticed and abducted by the accused namely Sachin Kumar, Harbeer Singh and Rekha.

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Pinki has put in appearance before this Court and she states that she had voluntarily married to Sachin Kumar, petitioner no.2. So far as her age is concerned, the learned AGA states that in her mark-sheet of Class-VIII, her date of birth has been noted as 7.9.2005 and she is still minor but the fact remains that Pinki has voluntarily married with Sachin Kumar.

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In the facts and circumstances of the case, the petition is disposed of with direction that the petitioner shall produce Pinki Devi before Investigating Officer within one month who shall get her statement recorded under Section 164 Cr.P.C. on the same date and her medical examination be also done for determination of her age.

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On the basis of medical examination report as well as evidence produced by the parties, Magistrate concerned shall determine the age of Pinki Devi.

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However, for a period of six weeks the petitioner shall not be arrested in Case Crime No. 279 of 2019 under Section 363 I.P.C., P.S. Rampur Maniharan, District, Saharanpur.

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After the aforesaid exercise is completed by the learned

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Magistrate within the period indicated above, the parties shall abide by the same.

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Order Date :- 13.8.2019 Chandan

Pinki Devi and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Pinki Devi and 3 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

What the court decided

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