Partly allowed

Jaya Laxmi And Another v. State Of U. P. And Others

Allahabad HC17 Sept 2021CRLP/5342/2021

Case brief

AI extract

What is this about?

Petition sought quashing of an FIR under Section 363 IPC alleging kidnapping. The Court noted the victim's recorded statement indicated voluntary departure and marriage. The petition was disposed of directing the Magistrate to proceed strictly in accordance with law.

What did the court decide?

Writ petition disposed of with direction to the concerned Magistrate to proceed strictly in accordance with law.

Jaya Laxmi And Another Vs State Of U. P. And Others — Allahabad HC (2021) — LawSathi Research

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5342 of 2021

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Petitioner :- Jaya Laxmi And Another Respondent :- State Of U. P. And Others Counsel for Petitioner :- Rupendra Kumar Mishra

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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 learned A.G.A. for the respondents.

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The relief sought in this petition is for quashing of the F.I.R. dated 10.3.2021 registered as Case Crime No.0083 of 2021 under Section 363 of I.P.C, Police Station Bilari, District Moradabad.

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Present matter was taken up on 13.8.2021 and on the said date, learned AGA was directed to seek instructions as to whether statement of the victim girl under Section 164 Cr.P.C. has been recorded or not.

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In response of the order dated 13.8.2021, short counter affidavit has been filed on 26.8.2021 stating that on 24.8.2021 the statement of the victim was recorded under Section 164 Cr.P.C. before the concerned Magistrate and the same has been perused in the case diary at CD Parcha No.26 dated 25.08.2021. In her statement under Section 164 Cr.P.C. the victim has supported the case of the petitioners. She has categorically stated that she left her house with her own free will and without any pressure and went to Delhi with the second petitioner and entered into matrimonial alliance in a temple.

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Accordingly, the present writ petition is disposed of with direction to the concerned Magistrate to proceed strictly in accordance with law.

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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

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authenticity of such computerised 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 :- 17.9.2021 RKP

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Digitally signed by JUSTICE Digitally signed by RAM KRISHNA MAHESH CHANDRA TRIPATHI GAUTAM Date: 2021.09.17 16:20:01 IST Date: 2021.09.17 16:21:25 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Jaya Laxmi And Another v. State Of U. P. And Others

Case brief

What is this about?

What did the court decide?

Jaya Laxmi And Another v. State Of U. P. And Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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