Disposed

Smt. Shivani Singh and Another v. State of U.P. and 3 Others

Allahabad HC4 Oct 2021CRLP/5203/2021

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Writ Petition seeking quashing of FIR and protection from arrest. The court found the petitioner voluntarily married the accused. Pending recording of statements under Section 161 Cr.P.C. and Section 164 Cr.P.C., the petition was disposed, interim protection continued, and directions were issued for IO action within three months.

What did the court decide?

Petition disposed off; direction to IO to record statement under Section 161 Cr.P.C. and before Magistrate under Section 164 Cr.P.C. within three months; interim protection continued.

Smt. Shivani Singh and Another Vs… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5203 of 2021

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Petitioner :- Smt. Shivani Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.B.Pal,Shivam Kumar Pal Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.

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

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This writ petition has been filed praying for the following reliefs:

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"i. to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 01.10.2015 (Annexure No. 1) lodged by the complainant/ respondent no. 4 which was registered as Case Crime No. 946 of 2015, under Section 363 & 366 I.P.C. Police Station-Bhatni, District-Deoria.

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ii. to issue a writ, order or direction in the nature of writ of mandamus directing the respondent authorities not to arrest the petitioner no. 2 in pursuance of the impugned F.I.R. lodged as Case Crime No. 496 of 2015, under Section 363 and 366 I.P.C. Police Station-Bhatni, District-Deoria."

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The matter was taken up on 13.09.2021 the following order was passed:

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"Learned counsel for the petitioners states that the petitioner no. 2 had married with petitioner no. 1 on 27.05.2016 at Delhi and thereafter, he is residing, along with petitioner no. 1, at Kolkata, but the address of Kolkata has not been disclosed in the writ petition.

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Considering the facts, circumstances of the case and nondisclosure of full and relevant facts in the writ petition, we direct both the petitioners to remain personally present before this Court on 16.09.2021. The petitioners shall also file an affidavit disclosing their full identity and annexing therewith their proof of residence, both present and permanent addresses.

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Put up as a fresh case on 16.09.2021."

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In response to the said order, the petitioners appeared before this Court and voluntarily stated that they have voluntarily married having two children (one dead and one alive). The first petitioner has also made a statement that she was married to the second petitioner namely Ravi Kumar Patel, with her free will and the petitioner no. 2 i.e. husband of the petitioner no. 1, had never abducted her. Consequently, an interim protection was accorded to the petitioners vide order dated 16.09.2021.

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On the other hand, learned A.G.A., fairly states that till date, in the Case Diary, the statement of first petitioner under Section 161 Cr.P.C. has not been recorded and so far as the statement under Section 164 Cr.P.C. is concerned, the same can only be recorded before the Magistrate, concerned.

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In the facts and circumstances of the case, with the consent of the learned counsel for the parties, we disposed off the writ petition with a direction to the Investigating Officer, to record statement of the petitioner no. 1 under Section 161 Cr.P.C. and place her before the Magistrate concerned, for recording her statement under Section 164 Cr.P.C. and consequently, the Court may proceed further in the matter. The said exercise is to be completed within three months from the date of production of certified copy of this order.

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The interim protection accorded earlier, shall continue till the disposal of the aforesaid proceedings.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 4.10.2021 Deepak/

Smt. Shivani Singh and Another v. State of U.P. and 3 Others

Case brief

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Smt. Shivani Singh and Another v. State of U.P. and 3 Others

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