Allowed

Smt. Rajani and Another v. State of U.P. and 2 Others

Allahabad HC19 Jun 2020CRLP/5606/2020

Case brief

AI extract

What is this about?

In a Criminal Writ Petition, the High Court allowed exemption for filing a certified copy of the CR1. It quashed the FIR under Section 366 IPC on the condition that the girl be produced before a Magistrate for age determination. If she is a minor, custody orders apply. If an adult, she shall be examined as a witness. No coercive action against petitioners was permitted until the girl's production.

What did the court decide?

Exemption to file certified copy of CR1 granted; Quashing of FIR allowed conditional upon girl's production and age determination.

Smt. Rajani and Another Vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2020)

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Court No. - 39

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5606 of 2020 Petitioner :- Smt. Rajani And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra 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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The exemption application seeking exemption to file the certified copy of the first information report is hereby allowed.

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Sri S.K. Mishra learned counsel for the petitioners prays for and is granted permission to remove the defect in Vakalatnama pointed out by the Stamp Reporter within the course of the day.

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As we are disposing of the writ petition, it is directed that the certified copy of the order be provided to the learned counsel for the petitioner only after he removes the defects as directed above.

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

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By means of the present petition, the petitioners are seeking for quashing of the first information report dated 23.04.2020 registered as Case Crime No.166 of 2020 under Section 366 of I.P.C., P.S.- Kishni, District- Mainpuri.

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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 (Rajani) 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

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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 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 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 Himanshu

Smt. Rajani and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Smt. Rajani 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

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