Disposed

Smt. Priti Yadav and 3 Others v. State of U.P. and 3 Others

Allahabad HC9 Sept 2021CRLP/4909/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR under Sections 363, 366, 120B IPC, the High Court directed production of the victim before the Magistrate to ascertain use of force and determine her age, while keeping the petition pending for subsequent police report.

What did the court decide?

Directions to produce victim before Magistrate to ascertain force and age, followed by appropriate orders, recording of statement, and submission of police report under Section 173(2) Cr.P.C. Petition

Smt. Priti Yadav and 3 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2021)

¶1

Court No. - 44

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 4909 of 2021

¶3

Petitioner :- Smt. Priti Yadav And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- G.A.,Satyawan Yadav,Sudhir Kumar Agarwal

¶4

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

¶5

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

¶6

By means of the present petition, the petitioners are seeking quashing of the first information report dated 09.06.2021 registered as Case Crime No.165 of 2021, under Sections 363, 366, 120B I.P.C., P.S.- Shah Ganj, District- Jaunpur.

¶7

There is no age proof of the victim/ girl (petitioner no.1- Smt. Priti Yadav).

¶8

The short counter affidavit filed on behalf of the complainant/ respondent no.4 indicates that the date of birth of the victim/ girl is 06.07.2003.

¶9

We, therefore, direct that the petitioner no.2 (boy) shall produce the victim/ girl (petitioner no.1) before the court of Magistrate concerned on or before 20th 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.

¶10

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.

¶11

On the date so fixed or within such reasonable time as may be

¶12

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.

¶13

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.

¶14

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.

¶15

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.

¶16

With the aforesaid observations/directions, the petition is disposed of .

¶17

Order Date :- 9.9.2021 Radhika

Smt. Priti Yadav and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Priti Yadav and 3 Others v. State of U.P. and 3 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

Coram

Case details

Similar cases

Vijyant Kumar Jain and 2 Others Vs State of U.P. and 2 Others

Vajid Khan and 8 Others Vs State of U.P. and 2 Others

Irshad Alias Kallu Vs State of U.P. and Another

Jitendra Vs State of U.P. and 3 Others

Bina Mishra Vs State of U.P. and Another

Dilip Kumar Tiwari Vs State of U.P. and 6 Others