Disposed

Boby and Another v. State of U.P. and 2 Others

Allahabad HC11 Apr 2019CRLP/5198/2019

Case brief

AI extract

What is this about?

This court disposed of a criminal miscellaneous writ petition seeking quashing of an FIR under Section 366 IPC. The court directed the police to conclude the investigation within four weeks and restrained coercive action against the petitioners pending the filing of the police report under Section 173(2) Cr.P.C.

What did the court decide?

Direction to police to conclude investigation within four weeks; restraint on coercive action against petitioners until filing of police report under Section 173(2) Cr.P.C.

Boby and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5198 of 2019

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Petitioner :- Boby And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Chandra Dwivedi 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 AGA for respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the First Information Report dated 10th February, 2019 registered as Case Crime No.48 of 2019, under Section 366 I.P.C. at Police Station Lohamandi, District Agra.

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The allegation in the impugned first information report, which has been lodged by father of the victim (Laxmipetitioner no.2), is that the victim whose date of birth is 6th July, 1999, has been enticed away by the accused Boby.

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The victim and the accused have jointly filed this petition by claiming that they are both adult and are voluntarily residing with each other and therefore the allegations are false.

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On 27th February, 2019, after considering the submissions of learned counsel for the petitioners, the Court had passed the following order:

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"The contention of the learned counsel for the petitioners is that admittedly the victim (Laxmi) is an adult with date of birth 06.07.1999 and that she is voluntarily in the company of the petitioner no.1 and therefore no offence punishable under Section 366 I.P.C. has been made out.

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Sri Prem Chandra Dwivedi, learned counsel for the petitioners, has produced the victim (Laxmi-petitioner no.2) before us and she has affirmed the aforesaid contentions.

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The matter requires consideration.

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Learned A.G.A. has accepted notice on behalf the respondents 1 and 2.

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Let notice be issued to the respondent no.3, fixing 11th April, 2019.

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List on 11th April, 2019. By the next date, the respondents shall file their respective counter affidavits. Further, On the next date, the petitioner no.2 and respondent no.3 shall be present in person again before the Court.

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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. 48 of 2019, under Section 366 I.P.C., P.S. Lohamandi, District Agra, subject to petitioners' cooperation in the investigation.

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It is made clear that investigation of the case has not been stayed."

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The office has submitted a report that notice has been sent to the respondent no.3 fixing 11th April, 2019 but, neither acknowledgement nor undelivered cover of the registered notice sent to the respondent no.3 has been received back.

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Neither the State-respondents nor the respondent no.3 has filed any counter affidavit, till date.

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Learned counsel for the petitioners has informed that the statement of the victim has also been recorded under Section 164 CrPC and she has not supported the prosecution case. Certified copy of statement of the victim recorded under Section 164 CrPC has been placed before this Court, which has been taken on record.

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In view of the above, we deem it appropriate to dispose of the petition by providing that the police shall conclude the investigation of the above case within a period of four weeks from the date a certified copy of this order is produced before it. Till submission of police report under Section 173 (2) CrPC, no coercive action shall be taken against the petitioners.

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Order Date :- 11.4.2019. Rks.

Boby and Another v. State of U.P. and 2 Others

Case brief

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Boby and Another v. State of U.P. and 2 Others

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