Disposed

Shivam @ Shivam Shoes @ Deepanshu Sharma v. State of U.P. and 3 Others

Allahabad HC22 Nov 2023CRLP/17215/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking quashing of an FIR under Sections 376, 506 IPC. It directed the informant to record her statement under Section 164 CrPC and restrained respondents from arresting the petitioners for two months pending the recording of such statement.

What did the court decide?

Refrained arrest for two months; Direction to record statement under Section 164 CrPC.

Shivam @ Shivam Shoes @ Deepanshu Sharma Vs State… — Writ and Judicial Review | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:221203-DB

¶2

Court No. - 45

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 17215 of 2023

¶4

Petitioner :- Shivam @ Shivam Shoes @ Deepanshu Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Mishra,Aishwarya Pratap Singh

¶5

Counsel for Respondent :- G.A.,Deepak Rana,Rahul Kumar Pandey

¶6

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

¶7

1 . Supplementary afÏdavit filed today is taken on record.

¶8

Heard Sri Aishwarya Pratap Singh, learned counsel for the petitioner, learned A.G.A. for the State and perused the record and Sri Rahul Kumar Pandey, learned counsel for the informant.

¶9

3 . This writ petition has been filed Seeking quashing of the first information report dated 20.9.2023, in Case Crime no. 840 of 2023, under Sections 376, 506 IPC, P.S. Kavi Nagar, District Ghaziabad.

¶10

4 . The contention of the learned counsel for the petitioners is that both the informant and the petitioner both are major and as per marks statement-cum-certificate (annexed with supplementary afÏdavit), the date of birth of the petitioner no. 1-Shivam @ Shivam Shoes @ Deepanshu Sharma is 25.6.2004 and as per Aadhar Card, the age of the respondent no. 4-Priyanka Khanna (informant) is 6.12.2004 and she has come forward to file joint afÏdavit in the present petition in the shape of supplementary afÏdavit filed today in Court, as such no offence as alleged in the FIR is made out and that no such offence was ever committed and the first information report was lodged under pressure.

¶11

Learned counsel for the informant also admits the aforesaid fact and supports the petitioner's case.

¶12

Learned AGA has opposed the prayer.

¶13

7 . Be that as it may, the writ petition is disposed off with a direction to the respondent no. 4-Priyanka Khanna (informant) to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., on or before 22.12.2023. In the event, respondent no. 4-Priyanka Khanna (informant) appears before the Chief Judicial

¶14

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 OfÏcer shall proceed in accordance with law.

¶15

8 . For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 20.9.2023, in Case Crime no. 840 of 2023, under Sections 376, 506 IPC, P.S. Kavi Nagar, District Ghaziabad.

¶16

Order Date :- 22.11.2023 Abhishek

¶17

Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Shivam @ Shivam Shoes @ Deepanshu Sharma v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shivam @ Shivam Shoes @ Deepanshu Sharma 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

Prem Pal and Another Vs State of U.P. and 3 Others

Hemant Banswal and Another Vs State of U.P. and 3 Others

Jhallo Vs State of U.P. and 2 Others

Uddhav Das and Another Vs State of Up and 3 Others

Jitendra and 2 Others Vs State of U.P. and 3 Others

Aditya Rai Vs State of U.P. and 2 Others