Disposed

Smt. Anchal Dubey and 3 Others v. State of U.P. and 3 Others

Allahabad HC8 May 2019CRLP/7989/2019

Case brief

AI extract

What is this about?

Writ petition to quash the FIR alleging abduction of an unmarried woman. The court directed the petitioner to produce the victim for statements under Sections 161 and 164 Cr.P.C. and stayed arrest contingent on compliance.

What did the court decide?

Stay of arrest granted; petitioner ordered to produce victim for statements under Sections 161 and 164 Cr.P.C. by 27th May 2019.

Smt. Anchal Dubey and 3 Others Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7989 of 2019

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Petitioner :- Smt. Anchal Dubey And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Kumar Mishra 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 9.3.2019 registered as case crime No. 185 of 2019 under Section 363, 366 I.P.C. Police Station- Meja, DistrictPrayagraj.

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The allegation in the impugned first information report, which has been lodged by mother of the victim, (Aanchal Dubey), is that the victim, who is aged about 16 years, has been enticed away by the accused, Jajju @ Uma Shankar.

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The victim and the accused, Jajju @ Uma Shankar, have jointly filed this petition claiming that they have voluntarily entered into relationship with each other. It has been submitted that the victim is an adult and that no force has been used upon the victim by the accused and therefore, the first information report is liable to be rejected. It is stated that as per entry in high school certificate, victim's date of birth is 08.07.2000 and, therefore, she was adult on the date of incident i.e. on 6.3.2019. The High School Certificate's copy has been annexed as Annexure 2 to the petition.

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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 the victim - Aanchal Dubey is an adult and as per entry in high school certificate, her date of birth is 08.07.2000. It has been submitted that she has voluntarily entered into relationship with petitioner no.2 (Jajju @ Uma Shankar @ Yash Kumar) and that no force has been used upon her and, therefore, no offence has been committed.

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Sri Devendra Kumar Mishra, learned counsel for the petitioners has produced victim Aanchal Dubey before us. She has affirmed the aforesaid contention.

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Matter requires consideration after receipt of response from the respondent no.4

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Learned AGA has accepted notice on behalf of the respondent nos. 1, 2 and 3.

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

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List on 08.05.2019.

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

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On the next date fixed, the petitioner no.1 and the respondent no.4 shall be present before the Court in person.

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Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No. 0185 of 2019, under Sections 363, 366 IPC, Police Station Meja, District Prayagraj shall remain stayed, subject to petitioners' cooperation 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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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 above, we dispose off this petition by providing that the petitioner no. 2 shall produce victim, petitioner no. 1, Anchal Dubey before the Investigating Officer of the case by or before 27th May, 2019. After recording the statement of the victim under Section 161 Cr.P.C. the Investigating Officer shall produce the victim before the Chief Judicial Magistrate, Prayagraj, 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)

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Cr.P.C. the petitioners 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 all 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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Order Date :- 8.5.2019 A. Pt. Singh

Smt. Anchal Dubey and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Anchal Dubey and 3 Others 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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