High Court dismissed a petition seeking quashing of an FIR alleging child enticement. The court held that since the victim remains unrecovered, investigation cannot be hindered and granted liberty to file a fresh petition if the victim is produced.
Petition disposed off with liberty to file a fresh petition if the victim is recovered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9952 of 2019
Petitioner :- Raje And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pratibha Singh,Ashok Kumar Singh Counsel for Respondent :- G.A.,Indra Mohan Singh
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J .
Heard learned counsel for the petitioners, learned A.G.A. for the respondents 1 and 2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 07.01.2019, registered as Case Crime No.12 of 2019, under Sections 363, 366 I.P.C., P.S. Jalesar, District Etah.
The impugned first information report has been lodged by father of the victim with the allegation that the victim, who is aged about 13 years, has been enticed away by accused persons.
Admittedly, the victim has not been recovered till date and petitioners are named in the F.I.R.
The claim of the petitioners is that they have been falsely implicated and that the victim is not with them.
Be that as it may, in a case where the victim is not found or is to be recovered, any interference in the investigation may become a hurdle in successful completion of investigation and, therefore, if the victim has not been recovered, all clues that are provided to the investigating agency would have to be investigated. Hence, no case for interference is made out at this stage.
It will be open to the petitioners to file a fresh petition, in case, the victim is recovered or the petitioners are in a position to produce the victim.
With the aforesaid liberty, the petition is disposed off .
Order Date :- 24.4.2019 m.a.
2 issues framed by the court
Whether the High Court should quash the FIR at this stage when the victim has not been recovered.
Whether interference in investigation would become a hurdle in successful completion of investigation.
1 provisions across 1 enactments
Raje And 2 Others
State Of U.P. And 2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
