Dismissed

Smt.Kimati Devi and 3 Others v. State of U.P. and 2 Others

Allahabad HC22 Sept 2021CRLP/3921/2021

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR in a case involving alleged abduction and trafficking of a girl due to serious disputes regarding her age and lack of disclosed educational details. Instead, the Court directed the production of the victim before the Magistrate to ascertain the nature of her company (voluntary or forced) and to legally determine her age through medical examination if necessa

What did the court decide?

No coercive action against petitioners pending production and age determination; overall petition for quashing dismissed.

Smt.Kimati Devi and 3 Others Vs State of… — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 44

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3921 of 2021

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Petitioner :- Smt.Kimati Devi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Singh,Suresh Dhar Dwivedi

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Counsel for Respondent :- G.A.,Jitendra Singh

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the petitioners and Sri Jitendra Singh, learned counsel for the respondent no.3.

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By means of the present petition, the petitioners herein seek for quashing of the first information report dated 16.05.2021 registered as Case Crime No.198 of 2021 under Sections 363 & 366 IPC, P.S.- Kalan, District- Shahjahanpur.

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In none of the paragraphs of the writ petition it has been disclosed that up to which class/standard, the petitioner no.1/victim girl had studied. Reliance placed on the entries in the school leaving certificate of Class-V, therefore, is not worthy of acceptance.

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There is serious dispute with regard to the age of the victim girl. We, therefore, do not find it a fit case for interference. However, it is directed that the petitioner no.2 (boy) shall produce the petitioner no.1 (girl) before the court of Magistrate concerned on or before 29th September, 2021. Upon her production, the Magistrate concerned shall proceed to record the statement of petitioner no.1 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 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

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required, the learned Magistrate shall proceed to determine the age of the girl as per law, keeping in mind 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 Magistrate concerned.

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Till 29.09.2021 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 :- 22.9.2021 P Kesari

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Digitally signed by SUNITA Digitally signed by Sadhna Rani AGARWAL Thakur Date: 2021.09.23 17:25:21 IST Date: 2021.09.23 17:26:09 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Smt.Kimati Devi and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt.Kimati Devi 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

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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