Partly allowed

Nirdesh Alias Nirali and Another v. State of U P and 3 Others

Allahabad HC27 Aug 2020CRLP/5766/2020

Case brief

AI extract

What is this about?

Criminal miscellaneous writ petition seeking quashing of FIR under POCSO and IPC sections. Court held that victim's age is to be decided after evidence. Investigation to continue; petitioner No.2 not to be arrested till police report if he cooperates, barring custody proceedings.

What did the court decide?

Investigation to continue; Petitioner No.2 (Niranjan) not to be arrested till submission of police report under Section 173(2) Cr.P.C., provided he cooperates.

Nirdesh Alias Nirali and Another Vs State of U P… — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5766 of 2020

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Petitioner :- Nirdesh Alias Nirali And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Hans Pratap Singh,Ram Autar Verma Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.

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Heard learned counsel for the petitioners, learned AGA for respondent Nos.1 to 3 and perused the record.

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The instant petition seeks quashing of the FIR dated 07.03.2020 registered as Case Crime No.0015 of 2020 at Police StationKakarbayee, District- Jhansi, under Sections 363, 366 and 7/8 POCSO Act.

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The allegation in the impugned first information report, which has been lodged by the father of the victim, is that the victim (Km. Nirdesh), aged about 16 years and 8 months, has been enticed away by the accused.

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This petition has been filed by the accused Niranjan along with the victim, claiming that they are both adult and have voluntarily married each other and therefore no offence has been committed.

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Vide order dated 18.06.2020, the Court had directed that the statement of the victim would be recorded under Section 164 Cr.P.C. and she will be produced for medical examination for determination of her age.

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On 29.7.2020, the Court directed the learned AGA to ensure that the order passed by this Court on 18.06.2020 is duly complied.

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Learned AGA, on instructions, has informed the Court that the statement of the victim under Section 164 Cr.P.C. has been recorded and as per her statement she has been voluntarily with the accused. However, he states, there is serious dispute as regards attainment of majority by the victim, inasmuch as, as per medical examination report, the victim is aged about 17 years.

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Learned counsel for the petitioners states that as per her

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statement, victim is aged about 19 years.

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Be that as it may, whether the victim was adult on the date of occurrence, is a matter which would have to be decided after leading of evidence by the parties and therefore it would not be appropriate for us to express any opinion in that regard, at this stage.

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Under the circumstances, we deem it appropriate to dispose of this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but petitioner No.2 (Niranjan) shall not be arrested in the above case till submission of police report under Section 173(2) Cr.P.C. provided he co-operates in the investigation.

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It is made clear that the above protection would not come in the way of any proceeding relating to the custody of the victim.

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Order Date :- 27.8.2020 Ashutosh Pandey

Nirdesh Alias Nirali and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Nirdesh Alias Nirali and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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