Disposed

Bandana and Another v. State of U.P. and 3 Others

Allahabad HC8 May 2019CRLP/7964/2019

Case brief

AI extract

What is this about?

The court disposed of a petition seeking quashing of an FIR under Section 366 IPC. It directed that the victim be produced before the Investigating Officer for recording a statement under Section 161 Cr.P.C. and before the C.J.M. for a statement under Section 164 Cr.P.C. to determine voluntariness before any coercive action.

What did the court decide?

Petitioner No. 2 directed to produce the victim for recording statements under Section 161 Cr.P.C. and Section 164 Cr.P.C. Investigation is not stayed, but arrest is prohibited until the police report

Bandana and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7964 of 2019

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Petitioner :- Bandana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Behari Yadav 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 A.G.A. for the respondent nos. 1, 2 and 3; and perused the record.

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The instant petition has been filed to quash the F.I.R. dated 2.3.2019 registered as case crime No. 0070 of 2019 under Section 366 I.P.C. Police Station- Madhuban ,District- Mau.

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The allegation in the impugned first information report, which has been lodged by father of the victim, (Bandana), is that the victim, who is aged about 22 years, has been enticed away by the accused, (Shyam Bahadur).

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The victim and the accused, (Shyam Bahadur) have jointly filed this petition claiming that they have voluntarily entered into relationship with each other. It has been stated that no fraud or coercion has been used upon the victim by the accused and admittedly, the victim is adult.

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On 1.4.2019 , after considering the submissions of the learned counsel for the petitioners, following order was passed:-

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"The contention of learned counsel for the petitioners is that victim Bandana is an adult, aged about 21 years, and that she has voluntarily entered into relationship with the petitioner no.2 (Shyam Bahadur) and, therefore, no offence has been committed.

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Sri Lal Behari Yadav, learned counsel for the petitioners has produced the victim Bandana before us. She has affirmed the aforesaid contention.

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The matter requires consideration after service of notice upon the respondent no.4.

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Learned A.G.A. has accepted notice on behalf of respondent nos. 1, 2 and 3.

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Let notice be issued to respondent no.4 fixing 08.05.2019.

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

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counter affidavits.

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List this case on 08.05.2019 on which date, the petitioner no.1 as well as respondent no.4 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.0070 of 2019, under Section 366 IPC, P.S. Madhuban, District Mau.

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

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Pursuant to the above order notice was issued to respondent no.4 fixing 08.05.2019.

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The office has submitted a report that neither acknowledgement nor undelivered cover of the notice sent to the respondent no. 4 has been received back.

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As no one has appeared on behalf of the respondent no. 4, if we proceed to record the statement of the victim, a dispute may later, be raised as regards identity of the person whose statement is recorded.

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In view of the above, we dispose off this petition by providing that the petitioner no. 2 shall produce victim, Petitioner No. 1, Bandana, before the Investigating Officer of the case by or before 27th May, 2019. The Investigating Officer after recording the statement of the victim under Section 161 Cr.P.C. shall produce the victim before the Chief Judicial Magistrate, Mau, who shall record the statement of the victim under Section 164 Cr.P.C.

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On the basis the statement of the victim and the material collected during the course of the investigation the Investigating Officer shall submit a police report as per law under Section 173 (2) of the Cr.P.C.

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Till submission of the police report under Section 173 (2) Cr.P.C. the petitioner no. 2 shall not be arrested in the above case provided victim is produced before the Investigating Officer as directed above. In case the victim is not produced as directed above, the Investigating Officer shall be free to take such steps that are necessary to bring the investigation to its logical conclusion.

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

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O rder Date :- 8.5.2019 A. Pt. Singh

Bandana and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bandana and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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