Dismissed

Priya @ Muskan and Another v. State of U.P. and 2 Others

Allahabad HC19 Jun 2020CRLP/5092/2020

Case brief

AI extract

What is this about?

This court treated a writ petition as properly filed due to formal defects and granted exemption from filing the certified copy of the FIR. Directions were issued for ascertaining the age of the girl through a medical examination or ossification test. Pending age determination, coercive action against petitioners was stayed. If the girl is a minor, custody orders apply; if an adult, standard proce

What did the court decide?

Exemption application to avoid filing certified FIR copy allowed. No coercive action against petitioners pending age determination of the girl.

Priya @ Muskan and Another Vs State of U.P… — Child Custody and Guardianship | Allahabad HC (2020)

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Court No. - 39

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5092 of 2020

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Petitioner :- Priya @ Muskan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Saumitra Dayal Singh,J.

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Perused the defects pointed out by the Stamp Reporter.

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It is submitted by Sri Atul Kumar learned counsel appearing for the petitioners that he has filed the present writ petition through e-filing system on 20.5.2020 and the e-copy of the petition is digitally signed. As the said petition could not be placed before the e-court and hence a manual copy of same has been sent to this Court by the Registry.

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Considering the above, it is found that the defects pointed out by the Stamp Reporter are only formal. The petition is being treated as properly filed. The exemption application moved by the petitioners seeking to exempt them from filing the certified copy of the FIR, is hereby allowed.

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Heard learned counsel for the petitioners, Sri Pawan Singh Pundir learned Advocate has put in appearance on behalf of the private respondent and learned A.G.A. for the State respondents.

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By means of the present petition, the petitioners are seeking for quashing of the first information report dated 12.1.2020 registered as Case Crime No. 16 of 2020, under Sections 363, 366 IPC, Police Station Kairana, Disrict Shamli.

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In the absence of proof of age of the petitioner no. 1, it is directed that the petitioner no. 2 shall produce the petitioner no. 1 (Priya @ Muskan) before the court of Magistrate concerned or before 15.07.2020. Upon her production, the Magistrate concerned shall proceed to record the statement of petitioner no. 1 (girl) 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 petitioner no. 1 deposes before the Magistrate concerned that force has been used on her, the Magistrate concerned shall proceed to pass appropriate orders immediately in respect of the custody/protection of the girl.

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However, in case, the girl 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 girl for the purpose of determining the age of the girl.

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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 girl as per law, keeping in mind the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 applicable for determination of the age of a girl and may, if necessary, direct for ossification test/medical examination of the girl from a District Government Hospital.

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

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On the basis of the statement of the girl and the age of the girl as determined above, 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 four weeks from the date of production of the girl before the Magistrate concerned.

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Till 15.07.2020 or the date on which the girl is produced before the Magistrate concerned whichever is earlier, no coercive action shall be taken against the petitioners in the above case. Thereafter, if the girl is produced before the Magistrate concerned as directed above, the accused shall be dealt with as per the statement of the girl. Though, in the event the girl 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.

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It is further clarified that if the girl 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 of.

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Order Date :- 19.6.2020 Brijesh

Priya @ Muskan and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Priya @ Muskan and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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