Disposed

Subeeta and 3 Others v. State of U.P. and 2 Others

Allahabad HC16 Jun 2020CRLP/5433/2020

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition seeking quashing of an FIR under Section 366 IPC due to lack of age proof. It directed the girl to be produced before a Magistrate to ascertain her age via medical examination if necessary, granted protection from coercive action until that process concludes, and mandated the investigation to proceed conditionally based on the girl's age finding.

What did the court decide?

Quashing of FIR refused; coercive action stayed pending age determination; directions issued to Magistrate and Police.

Subeeta and 3 Others Vs State of U.P. and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 39

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5433 of 2020

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Petitioner :- Subeeta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey 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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Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

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By means of the present petition, the petitioners are seeking quashing of the First Information Report dated 07.03.2020, registered as Case Crime No. 14 of 2020, under Section - 366 I.P.C., Police Station - Kakarwai, District - Jhansi.

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The online copy of High School (10th) Examination Result- 2017 of petitioner no.1 has been placed before the Court. A copy of the Adhar Card of petitioner no.2 has also been produced today to assert his date of birth.

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However, in absence of proof of age of the petitioners, it is directed that the petitioner no. 2 shall produce the petitioner no. 1 (Smt. Subeeta) before the court of Judicial Magistrate concerned by or before 10th July, 2020. Upon her production, the Judicial 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 Judicial Magistrate concerned that force has been used on her, the Judicial 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

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the provisions that are 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 Judicial Magistrate concerned.

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Till 10.07.2020 or the date on which the girl is produced before the Judicial 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 Judicial 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 :- 16.6.2020 Abhilash

Subeeta and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Subeeta and 3 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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