Disposed

Smt. Gulnaz @ Neha and 4 Others v. State of U.P. and 2 Others

Allahabad HC17 Apr 2019CRLP/5436/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous writ petition filed for quashing an FIR under Sections 366, 504, and 506 IPC. Instead of granting unconditional relief, the Court directed the petitioners to produce the victim to record her statements under Sections 161 and 164 Cr.P.C. before the expiry of a stipulated period, after which coercive action could be initiated if directed. The Court

What did the court decide?

Petition disposed of; Petitioners directed to produce victim to record statements under Sections 161 and 164 Cr.P.C.; no coercive action until such production or after expiry of specified date.

Smt. Gulnaz @ Neha and 4 Others Vs State of U.P. and 2… — Bail and Remand | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5436 of 2019

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Petitioner :- Smt. Gulnaz @ Neha And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Ojha Counsel for Respondent :- G.A.,Ashfaq Ahmed Ansari

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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 perused the record.

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The instant petition has been filed to quash the F.I.R. dated 16.2.2019 registered as case crime no. 55 of 2019, under Sections 366, 504, 506 I.P.C. Police Station- Meerganj, District - Bareilly.

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The allegation in the impugned first information report, which has been lodged by father of the victim Gulnaz, whose date of birth is 8.7.1993, has been enticed away by the accused and when accused persons were confronted, they insulted and threatened the informant.

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On 28.2.2019 after considering the submissions of the learned counsel for the petitioner following order was passed:-

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"Certified copy of the first information report has been filed today, which is taken on record.

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The contention of the learned counsel for the petitioners is that, admittedly, the victim (Gulnaz) is an adult as her date of birth is stated to be 08.07.1993 in the impugned first information report. It has been submitted that the victim (Gulnaz) is voluntarily in relationship with the petitioner no.2 and no force has been used upon her and therefore no offence has been committed.

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Sri Anil Kumar Ojha, learned counsel for the petitioners, has produced the petitioner no.1-victim (Gulnaz) before us. 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 17th April, 2019.

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List on 17th April, 2019. By the next date, the respondents shall file their respective counter affidavits.

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On the next, the petitioner no.1 shall also be present before the Court in person.

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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.55 of 2019, under Section 366, 504, 506 IPC, P.S. Meerganj, District Bareilly, subject to petitioners' co-operation in the investigation.

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

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Pursuant to order dated 28.2.2019, office has submitted a report that learned counsel for the petitioners has not taken steps to serve the respondent no. 3.

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In view of above, we deem it proper to dispose of this petition by providing that the petitioners shall produce victim, Gulnaz, before the Investigating Officer of the case by or before 30th April, 2019. Upon her production the Investigating Officer shall record the statement of the victim, Gulnaz under Section 161 Cr.P.C. and shall thereafter produce Gulnaz before Chief Judicial Magistrate, Bareilly for recording of the statement of Gulnaz under Section 164 Cr.P.C. On the basis of her statement recorded under Section 161 and 164 Cr.P.C. and 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 30th April, 2019, no coercive action steps shall be taken against the petitioners. Thereafter, action may be taken against the petitioners on the basis of the statement of the victim recorded as above.

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It is made clear that if the victim, Gulnaz is not produced before the Investigating Officer of the case as directed above, the Investigating Officer shall be entitled to take all such steps that may be necessary to bring the investigation to its logical conclusion, which may include 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

Smt. Gulnaz @ Neha and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt. Gulnaz @ Neha and 4 Others v. State of U.P. and 2 Others

Case brief

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