Disposed

Supriya Devi @ Priya and Another v. State of U.P. and 2 Others

Allahabad HC17 Apr 2019CRLP/23459/2018

Case brief

AI extract

What is this about?

In a criminal writ petition seeking to quash an FIR regarding kidnapping and abduction, the High Court directed the petitioner to produce the victim before police and JM for statements and prohibiting coercive steps until May 1, 2019, while reserving power for police to act if production fails.

What did the court decide?

No coercive steps shall be taken against petitioners until May 1, 2019.

Supriya Devi @ Priya and Another Vs State of U.P. and 2… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 23459 of 2018

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Petitioner :- Supriya Devi @ Priya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav,Atmaram Nadiwal Counsel for Respondent :- G.A.,Dinesh Kumar Singh

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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 respondent nos. 1 and 2 and Sri Dinesh Kumar Singh, learned counsel for the respondent no. 3.

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The instant petition has been filed to quash the F.I.R. dated 12.6.2014 registered as case crime no. 68 of 2014, under Sections 363, 366, 120-B and 506 I.P.C. Police Station- Pawai, District - Azamgarh.

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The petitioners have challenged the first information report by claiming that victim is adult and she has been voluntarily in a relationship with the accused.

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In the counter affidavit it has been stated that as per date of birth entered in the High School mark-sheet of the victim, Supriya Devi @ Priya, was born on 12.8.1999 and, therefore, on the date of incident i.e. on 12.6.2014, the victim, Supriya Devi @ Priya, had been a minor and as such the first information report discloses commission of cognizable offence.

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In the counter affidavit, it has not been stated that charge sheet has been submitted. In paragraph no. 16 it is stated that investigation of the case remains pending as statement of the victim could not be recorded.

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In view of above, we deem it proper to dispose of this petition by providing that the petitioner no. 2 shall produce victim, Supriya Devi @ Priya (petitioner No. 1), before the Investigating Officer of the case by or before 1st May, 2019. Upon her production the Investigating Officer shall record the statement of the victim, Supriya Devi @ Priya, under Section 161 Cr.P.C., and, thereafter shall produce Supriya Devi @ Priya before Chief Judicial Magistrate, Azamgarh for recording of her statement under Section 164 Cr.P.C. On the basis of her statement recorded under Section 161 and 164 Cr.P.C. and the

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material collected during the course of investigation the police shall submit a report under Section 173 (2) Cr.P.C. as per law.

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Till 1st May, 2019, no coercive steps shall be taken against the petitioners. Thereafter, the accused shall be dealt with as per law, keeping in mind the statement of the victim recorded as above.

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It is, however, clarified that in case victim, Supriya Devi @ Priya, is not produced before the Investigating Officer of the case as directed above, the Investigating Officer shall be empowered to take all such steps that are necessary to bring the investigation to its logical conclusion including arresting the accused.

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The petition stands disposed off.

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O rder Date :- 17.4.2019 A. Pt. Singh

Supriya Devi @ Priya and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Supriya Devi @ Priya 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

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