Allowed

Pushpendra v. State of U.P. and 2 Others

Allahabad HC25 Apr 2019CRLP/9381/2019

Case brief

AI extract

What is this about?

Court quashed an FIR alleging enticement of a minor. Despite prior coordination orders, investigation was directed to proceed fairly but without arrest of the petitioner until the final police report is submitted.

What did the court decide?

Quashing of FIR; direction that investigation continue without arrest of petitioner till police report under Section 173(2) CrPC is submitted.

Pushpendra Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9381 of 2019

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Petitioner :- Pushpendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- S.S. Rajput 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 petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the FIR dated 18.03.2019 registered as Case Crime No. 0087 of 2019, under Sections 363, 366 and 506 I.P.C., P.S. Kasni Kotwali, District Hathras.

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The impugned first information report alleges that the daughter of the informant, namely, Rekha, who is aged about 17 years, has been enticed away by the accused and when the accused were confronted they had threatened the informant.

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Learned counsel for the petitioner has pointed out that the main accused Dharmendra and the victim had jointly filed Crl. Misc. Writ Petition No. 7811 of 2019 which was disposed off by a coordinate Bench vide order dated 29.03.2019, which is extracted below:-

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"Heard learned counsel for the petitioners and the learned AGA for the State.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0087 of 2019, under Sections 363, 366, 506 I.P.C., Police Station-Sasni Kotwali, District Hathras.

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Learned counsel for the petitioners submits that victim herself is the petitioner no.2 and accused is petitioner no. 1 are major and they have also solemnized their marriage and they are living happily as husband and wife; even as per the FIR, the age of the girl is 17 years.

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In view of the facts and circumstances of the case and with the consent of learned counsel for the parties and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;

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(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in

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Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010.

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(d) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to. "

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As the victim was allegedly below 18 years, on 12.04.2019, we had passed the following order:-

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"The impugned first information report alleges that minor daughter of the informant, namely, Rekha, aged about 17 years, has been enticed away by the accused persons, four in number, out of whom two are named along with the petitioner.

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Learned counsel for the petitioner states that one of the named accused, namely, Dharvendra Kumar has filed a petition and has obtained interim protection till submission of police report under Section 173 (2) CrPC.

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A perusal of the order dated 29th March, 2019, passed in Criminal Misc. Writ Petition No.7811 of 2019 filed by co-accused Dharvendra Kumar does not indicate that the statement of the girl (victim) was recorded or any finding was returned as regards the age of the victim.

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Under the circumstances, keeping in mind that the victim is stated to be aged 17 years, we deem it appropriate to require the petitioner to obtain instruction from the other coaccused, with whom the victim is at present, to give an undertaking that the victim shall be produced before the court concerned/Investigating Officer, for the purpose of recording of her statement as also determination of her age.

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Learned counsel for the petitioner prays for and is allowed three days time to seek instruction in that regard.

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Put up this matter on Tuesday i.e. 16th April, 2019. "

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The learned counsel for the petitioner has stated that he has not been able to contact the other co-accused and the victim is with him and, therefore, he is not in a position to produce the victim.

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Be that as it may, as the other co-accused had approached this Court with the victim by filing separate petition, which was disposed off by providing protection to them till submission of police report under Section 173(2) Cr.P.C., we deem it appropriate to dispose off this petition by providing that the investigation of the above case shall continue and be brought to its logical conclusion but, subject to cooperation of petitioner in the investigation, the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C.

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Order Date :- 25.4.2019 Sunil Kr Tiwari

Pushpendra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Pushpendra v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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