Disposed

Saira and Another v. State of U.P. and 3 Others

Allahabad HC24 Aug 2020CRLP/7688/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking quashing of an FIR under Section 366 IPC alleging the enticement of an 18-year-old victim. Instead of quashing, it directed the accused to produce the victim before a Magistrate within a fixed period to ascertain if force was used. The petition was disposed off pending this production and subsequent medical/legal inquiry.

What did the court decide?

Directed accused to produce victim before Magistrate by 24.09.2020 to ascertain voluntariness; no coercive action pending production.

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

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7688 of 2020

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Petitioner :- Saira And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awdhesh Singh 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 A.G.A. for the respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the First Information Report dated 23.06.2020 registered as Case Crime No. 0373 of 2020, under Section 366 I.P.C. P.S. Gangoh, District Saharanpur.

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The allegation in the First Information Report, which has been lodged by the father of the victim Saira (the petitioner no.1), is to the effect that his daughter, who is aged about 18 years, has been enticed away by the accused Navazis (petitioner no.2).

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The petitioners have prayed for quashing of the First Information Report by claiming that the victim Saira is adult and that she has voluntarily married Navazis (petitioner no.2).

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The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to record the statement of the victim and, thereafter, take appropriate action as per law.

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Having perused the record we deem it appropriate to dispose off this petition by providing as follows:-

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The petitioner no.2 shall produce the petitioner no.1 (Saira) before the Magistrate concerned by or before 24.09.2020. Upon her production, the Magistrate concerned shall proceed to record the statement of Saira 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 victim 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 victim. However, in case the victim 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 victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.

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On the basis of the statement of the victim and the material collected during the course of investigation, 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 three weeks from the date of production of the victim before the

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Magistrate concerned. Till 24.09.2020, or the date on which the victim 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 victim is produced before the Magistrate concerned, as directed above, the accused shall be dealt with as per the statement of the victim.

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It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation 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 off.

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Order Date :- 24.8.2020 Sunil Kr Tiwari

Saira and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Saira 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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