Partly allowed

Abda @ Abda Bi and Another v. State of U.P. and 3 Others

Allahabad HC31 Jul 2020CRLP/7175/2020

Case brief

AI extract

What is this about?

Petition filed to quash FIR alleging kidnapping under sections 363, 366 IPC. High Court refused quashing as prima facie offence was made out. However, directed police to produce alleged victim within 20 days for age verification and statement recording under Section 164 Cr.P.C., suspending coercive measures pending compliance.

What did the court decide?

Prayer for quashing refused. Direction to produce alleged victim within 20 days for statement recording and medical exam; no coercive steps until then.

Abda @ Abda Bi and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 32

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7175 of 2020

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Petitioner :- Abda @ Abda Bi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard the learned counsel for the petitioners and the learned A.G.A.

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This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 23.06.2020 in Case Crime No. 276 of 2020, under sections 363, 366 IPC, Police Station Fareedpur, District Bareilly.

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From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

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However, considering the submission made by the learned counsel for the petitioners that alleged kidnapped girl namely Abda @ Abda Bi shall be produced within 20 days from today before the Court concerned for recording her statement under Section 164 Cr.P.C. It is directed that in case the alleged kidnapped girl namely Abda @ Abda Bi is produced within 20 days from today before the Chief Judicial Magistrate, Bareilly (where she shall be identified by the first informant and the officer in charge of the police station concerned), she shall be produced before the C.M.O., Bareilly by the I.O. or the police officer concerned for her medical examination to determine her age etc.. Thereafter, on the application filed by the I.O. or the Officer In charge of the police station concerned, the statement of the alleged kidnapped girl Abda @ Abda Bi shall be recorded under section 164 Cr.P.C. by the C.J.M. concerned.

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Till then no coercive steps shall be taken against the petitioners.

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In case, the alleged kidnapped girl namely Abda @ Abda Bi appears to be major and does not support the prosecution story, the petitioner shall not be arrested till the submission of the police report under section 173(2) Cr.P.C. In case, the alleged

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kidnapped girl namely Abda @ Abda Bi appears to be minor or supports the prosecution story, the petitioner may be arrested by the I.O. in accordance with law. In default of the production of the alleged kidnapped girl namely Abda @ Abda Bi in the above mentioned case, the I.O. shall be free to make arrest of the petitioners.

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With the above direction this petition is finally disposed of.

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Order Date :- 31.7.2020 JK Yadav

Abda @ Abda Bi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Abda @ Abda Bi 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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