Disposed

Pooja Kumari and Another v. State of U.P. and 2 Others

Allahabad HC11 Apr 2019CRLP/5070/2019

Case brief

AI extract

What is this about?

Petitioners seeking quashing of Section 366 IPC FIR alleging voluntary relationship. Court directed production of victim for statement before investigation continues pending Magistrate recording under Section 164 Cr.P.C.

What did the court decide?

Directed petitioner 2 to produce victim for statement; no coercive action till 29.04.2019 or Magisterial statement recording.

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

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5070 of 2019

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Petitioner :- Pooja Kumari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Goyal Counsel for Respondent :- G.A.

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

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Short counter affidavit filed today on behalf of the Investigating Officer is taken on record.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2 and perused the record.

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The instant petition seeks quashing of the impugned First Information Report dated 14.02.2019, registered as Case Crime No.89 of 2019, under Section 366 I.P.C, Police Station Hari Parwat, District Agra.

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The allegation in the first information report is to the effect that victim-Pooja, daughter of the informant, aged about 20 years, has been enticed away by the accused.

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The accused and the victim have jointly filed this petition by claiming that both of them are adult and they have voluntarily entered into relationship with each other and, therefore, no offence has been committed.

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On 25.2.2019, after considering the submissions of learned counsel for the petitioners, we had passed the following order : -

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"The contention of learned counsel for the petitioners is that admittedly the victim Pooja Kumari is an adult and that she has voluntarily entered into relationship with the petitioner no.2 (accused) and, therefore, no offence has been committed.

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Sri Ashish Goyal, learned counsel for the petitioners has produced the victim Pooja Kumari before us. She has affirmed the aforesaid contentions.

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The matter requires consideration after service of notice upon the third respondent.

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

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Let notice be issued to respondent no.3 fixing 11.04.2019.

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

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List this case on 11.04.2019, on which date, the petitioner no.1 as well as respondent no.3 shall be personally present before the Court.

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Till the next date of listing or till submission of the police report under section 173 (2) Cr.P.C., whichever is earlier, no coercive action shall be taken against the petitioners in Case Crime No.89 of 2019, under Section 366 IPC, P.S. Hari Parwat, District Agra.

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It is made clear that this court has not stayed the investigation."

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The office has submitted a report that the petitioners have not taken steps to serve the respondent no.3.

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In view of the above, we deem it appropriate to dispose off the writ petition by providing as follows : -

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The petitioner no.2, Deepak Kumar, shall produce the victimPooja before the Investigating Officer of the case by or before 29.04.2019. The Investigating Officer shall record her statement and produce her before the Chief Judicial Magistrate, Agra, for recording of her statement under Section 164 Cr.P.C. On the basis of her statement recorded as above any further action or police report under Section 173(2) Cr.P.C. shall be submitted.

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Till 29.04.2019, no coercive action shall be taken against the petitioner no.2 in the aforesaid case. Thereafter any further action shall be taken dependent on the statement of the victim.

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It is made clear that if the victim is not produced as directed above, the Investigating Officer shall be at liberty to take all steps that are necessary to bring the investigation to its logical conclusion including arrest of the accused, if required.

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With the aforesaid observations/directions, the petition is disposed off .

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Order Date :- 11.4.2019 m.a.

Pooja Kumari and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pooja Kumari 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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