Disposed

Pushpa and Another v. State of U.P. and 4 Others

Allahabad HC4 Mar 2020CRLP/3022/2020

Case brief

AI extract

What is this about?

This court disposed of a Criminal Misc. Writ Petition seeking quashing of an FIR. The court directed the production of the victim before a Chief Judicial Magistrate to ascertain age and freedom from force. Pending this inquiry, coercive action against petitioners is stayed. If the victim is a minor, investigation may continue; if an adult, the case proceeds based on her statement.

What did the court decide?

Order dated 4.3.2020 for production of victim before CJM Agra; stay of coercive action till report submission; case to proceed based on victim's age and statement.

Pushpa and Another Vs State of U.P. and 4… — Pension and Retirement Benefits | Allahabad HC (2020)

¶1

Court No. - 42

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 3022 of 2020

¶3

Petitioner :- Pushpa And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Piyush Dubey Counsel for Respondent :- G.A.

¶4

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.

¶5

Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent.

¶6

By means of the present petition, the petitioners are seeking quashing of the first information report dated 5.7.2019 registered as Case Crime No.0346 of 2019 under Sections 363, 366 IPC, Police Station- Malpura, District Agra.

¶7

The petitioner no. 1 Ms. Pushpa and petitioner no. 2 Neetu @ Naresh are personally present in the Court and have been identified by learned Advocate appearing on their behalf.

¶8

However, in absence of proof of age of the petitioner no. 1, it is directed that the petitioner no. 2 shall produce the petitioner no. 1 (Ms. Pushpa) before the court of Chief Judicial Magistrate, Agra by or before 23 March, 2020. Upon her production, the Chief Judicial Magistrate, Agra shall proceed to record the statement of Ms. Pushpa 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 that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim.

¶9

However, in case, the victim 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 determining the age of the victim.

¶10

On the date so fixed or within such reasonable time as may be required, the learned Magistrate shall proceed to determine the age of the victim as per law, keeping in mind the provisions that are applicable for determination of the age of a victim and may,

¶11

if necessary, direct for ossification test/medical examination of the victim from a District Government Hospital.

¶12

If the victim is found to be a minor, the learned Magistrate shall proceed to pass appropriate orders in respect of custody of the victim, as per law. However, in case, the victim is found to be an adult, he shall proceed to record the statement of the victim under Section 164 Cr.P.C.

¶13

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

¶14

The aforesaid exercise shall be completed preferably within a period of four weeks from the date of production of the victim before the Chief Judicial Magistrate concerned.

¶15

Till 23.3.2020 or the date on which the victim is produced before the Chief Judicial 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. Though, in the event the victim is found to be minor, the police would be free to take the investigation to its logical conclusion and may effect arrest of the accused.

¶16

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.

¶17

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

¶18

Order Date :- 4.3.2020 Harshita

Pushpa and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Pushpa and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Virendra and 2 Others Vs State of U.P. and 3 Others

Lal Chandra Vs State of U.P. and 5 Others

Shiv Shankar and Another Vs State of U.P. and 3 Others

Mohd Taufiq and Another Vs State of U.P. and 2 Others

Mohd. Sayeed and 3 Others Vs State of U.P. and 2 Others

Sartaj Ahmad and 3 Others Vs State of U.P. and 3 Others