Disposed

Jayshri and 4 Others v. State of U.P. and 2 Others

Allahabad HC17 Oct 2023CRLP/16433/2023

Case brief

AI extract

What is this about?

Writ petition for quashing an FIR filed under Section 366 IPC. The court refused to pass an interim stay or quash the FIR. Instead, it directed the victim to appear to record a statement, after which the Investigating Officer must proceed under law for two months.

What did the court decide?

Station accused for two months from FIR date pending recording of victim's statement under Section 164 Cr.P.C., followed by legal proceedings.

Jayshri and 4 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:201718-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16433 of 2023

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Petitioner :- Jayshri And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suvrat Dwivedi,Akarsh Dwivedi,Varchasva Dwivedi Counsel for Respondent :- G.A.,Dinesh Kumar Singh

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Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

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Heard Shri Akarsh Dwivedi, learned counsel for the petitioners, Shri Dinesh Kumar Singh, learned counsel for the informant and Shri Surendra Singh, learned A.G.A. for the State and perused the record.

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This writ petition has been filed Seeking quashing of the first information report dated 18.09.2023 in Case Crime no. 0147 of 2023, under Section 366 IPC, P.S. Rampura, District Jalaun.

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Submission of learned counsel for the petitioners is that petitioner no. 1 who is a victim herself and is a married lady has come forward to challenge the present FIR, in para 9 and 10 of the petition she has clearly stated that she herself had gone with petitioner no. 2 without any force, coercion or misrepresentation and an affidavit regarding this fact has been sent to Superintendent of Police, Orai, as such, no offence under Section 366 has been made out.

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Per contra, learned counsel for the informant submits that petitioner no. 1 is a married lady and wife of informant, as such cognizable offence has been made out.

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Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Smt. Jayshri, wife of Yatendra Kumar to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., on or before 27.10.2023. In the event, petitioner no. 1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.

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For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 18.09.2023 in Case Crime no. 0147 of 2023, under Section 366 IPC, P.S. Rampura, District Jalaun.

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Order Date :- 17.10.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Jayshri and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jayshri and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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