Disposed

Ramesh @ Ramesh Chandra and Another v. State of U.P. and 3 Others

Allahabad HC18 Apr 2019CRLP/5670/2019

Case brief

AI extract

What is this about?

The Court disposed of the Criminal Misc. Writ Petition seeking quashing of an FIR for enticement. Upon failure of Respondent No. 4 to appear, the Court directed the petitioner to produce the victim before the Investigating Officer and the Magistrate to record statements as per Sections 161 and 164 Cr.P.C. before the police report is filed, maintaining the stay on arrest contingent on compliance.

What did the court decide?

Petition disposed off with direction to produce victim before Investigating Officer and CJM to record statements under Sections 161 and 164 Cr.P.C.; arrest stayed until police report filed.

Ramesh @ Ramesh Chandra and Another… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5670 of 2019

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Petitioner :- Ramesh @ Ramesh Chandra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar 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; the learned A.G.A. for the respondents 1, 2 and 3 and perused the record.

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The instant petition seeks quashing of the first information report dated 08.02.2019, registered as Case Crime No.0047 of 2019, under Sections 366, 506 I.P.C, Police Station Kurawali, District Mainpuri.

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The allegation in the impugned F.I.R., which has been lodged by father of the victim, is that victim- Lalita, aged about 18 years, has been enticed away by the accused on 27.11.2018.

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The instant petition has been filed by the victim and accused by claiming that the victim is an adult, whose date of birth in the high school certificate is 03.02.1998 and that she has voluntarily entered into relationship with petitioner no.1 and, therefore, the allegations are false.

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On 01.03.2019, after considering the submissions of the learned counsel for the petitioner, the Court had passed the following order :-

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"Heard learned counsel for the petitioners, learned AGA for the Staterespondents and perused the record.

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Contention of learned counsel for the petitioners is that the victim Lalita is admittedly adult and her date of birth recorded in her School certificate is 3.2.1998.

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It has been stated that victim-Lalita is voluntarily with the petitioner no. 1 and no force has been used upon her and, therefore, no offence has been committed.

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Sri Ajay Kumar, learned counsel for the petitioners has produced the victim-Lalita (petitioner no. 2) before us, who has affirmed the aforesaid contention.

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The matter requires consideration after receipt of response from the

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respondent no. 4.

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Learned AGA has accepted notice on behalf of the respondent nos. 1 to 3.

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Let notice be issued to the respondent no. 4 fixing 18.4.2019.

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List this case on 18.4.2019.

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

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Till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No.0047 of 2019, under Sections 366, 506 IPC, P.S. Kurawali, District Mainpuri, shall remain stayed, subject to cooperation of the petitioners in the investigation.

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It is made clear that this Court has not stayed the investigation of the aforesaid case.

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On the next date of listing, the victim (petitioner no. 2) shall be present again before the court in person."

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Pursuant to the above order, notice was issued to the respondent no.4, fixing 18.04.2019. The office has submitted a report that neither undelivered cover nor acknowledgement of the notice sent by registered post has been received back.

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As no one has appeared on behalf of the respondent no.4, we are not in a position to record the statement of the victim as her identity may be disputed latter. Accordingly, we deem it appropriate to dispose off this petition by providing that the victim-Lalita shall be produced by the petitioner no.1 before the Investigating Officer of the case by or before 01.05.2019. Upon her production, the Investigating Officer shall proceed to record the statement of the victim under Section 161 Cr.P.C. and shall thereafter produce the victim before the Chief Judicial Magistrate, Mainpuri, for recording her statement under Section 164 Cr.P.C.

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On the basis of the statement of the victim recorded under Sections 161 Cr.P.C. & 164 Cr.P.C. as also the material collected during the course of Investigation, the Investigating Officer shall submit police report under Section 173(2) Cr.P.C. as per law.

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Till submission of police report, under Section 173(2) Cr.P.C., the petitioners shall not be arrested in Case Crime No.0047 of 2019, under Sections 366, 506 I.P.C, Police Station Kurawali, District Mainpuri.

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It is made clear that if the victim is not produced as directed

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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 :- 18.4.2019

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m.a.

Ramesh @ Ramesh Chandra and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

Ramesh @ Ramesh Chandra and Another v. State of U.P. and 3 Others

Case brief

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