Disposed

Poonam Giri and 4 Others v. State of U.P. and 2 Others

Allahabad HC1 Oct 2020CRLP/10071/2020

Case brief

AI extract

What is this about?

The Court did not quash the FR; instead directed the petitioner to produce the victim before a Magistrate to ascertain consent. Pending production, no coercive action is permitted. Police must submit a 173(2) report based on the victim's statement within three weeks.

What did the court decide?

No coercive action against petitioners pending production of victim; Magistrate to record statement to ascertain voluntary companionship or force; FIR quashing deferred until 173(2) report based on st

Poonam Giri and 4 Others Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10071 of 2020

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Petitioner :- Poonam Giri And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioners, 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 First Information Report dated 26.07.2020 registered as Case Crime No.0324 of 2020, under Sections 363, 366 I.P.C., P.S. Faridpur, District Bareilly.

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The allegation in the First Information Report, which has been lodged by the brother of the victim Poonam Giri (petitioner no.1) is to the effect that his sister, who is aged about 21 years, has been enticed away by the accused Devendra Singh @ Deepu Yadav.

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The petitioners have prayed for quashing of the First Information Report by claiming that the victim Poonam Giri is adult and that she has voluntarily married Devendra Singh @ Deepu Yadav (petitioner no.2).

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The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to record the statement of the victim and, thereafter, take appropriate action as per law.

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Having perused the record, we deem it appropriate to dispose off this petition by providing as follows:-

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The petitioner no.2 shall produce the petitioner no.1 (Poonam Giri) before the court of Chief Judicial Magistrate/concerned Magistrate, Bareilly by or before 14th October, 2020. Upon her production, the Chief Judicial Magistrate/concerned Magistrate, Bareilly shall proceed to record the statement of Poonam Giri to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. In case the victim deposes before the Chief Judicial Magistrate/concerned Magistrate that force has been used on her, the Chief Judicial Magistrate/concerned Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim

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deposes that she has been voluntarily in the company of the petitioner no.2 or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.

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On the basis of the statement of the victim, the police shall submit report under Section 173(2) Cr.P.C.

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The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate/concerned Magistrate. Till 14th October, 2020, or the date on which the victim is produced before the Chief Judicial Magistrate/concerned Magistrate, whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.

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It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigating agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.

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

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Order Date :- 1.10.2020 Madhurima

Poonam Giri and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Poonam Giri and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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