Disposed

Milan Kumari @ Milan Devi v. The State Of Bihar and Ors.

Patna HC3 Jan 2014CR. WJC/492/2013

Case brief

AI extract

What is this about?

This order addresses a petition for quashing an FIR filed regarding the petitioner's alleged kidnapping. The court directed the investigation authority to produce the petitioner before the lower court to record her statement under Section 164 Cr.P.C., ascertain her age, and ensure no coercion or allurement is used during the exercise.

What did the court decide?

The petition was disposed of with a direction to the investigating authority to examine the petitioner for statement recording and age ascertainment before drawing final conclusions.

Milan Kumari @ Milan Devi Vs The State Of Bihar… — Child Sexual Offences (POCSO) | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ No.492 of 2013

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====================================================== Milan Kumari @ Milan Devi, D/o Ram Deni Ram, W/o Chhatu Paswan R/o Village- Nava Nagar Nizamat Sahebganj Nagar Panchayat, Ward No. 11, P.S.- Sahebganj, Post- Kurnowl, District- Muzaffarpur.

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.... .... Petitioner

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Versus

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1. The State of Bihar 2. The Superintendent of Police, Muzaffarpur, District- Muzaffarpur 3. The Officer-in-Charge, Sahebganj Police Station, District- Muzaffarpur 4. Ram Deni Ram S/o Dilchand Ram R/o Nava Nagar Nizamat, P.S.Sahebganj, P.O.- Kurnowl, District- Muzaffarpur

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.... .... Respondents

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====================================================== Appearance : For the Petitioner : Mr. Upendra Kumar Choubey, Advocate For the Respondents : Mr. Patanjali Rishi, A.C. to AAG-10 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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5 03-01-2014 Heard learned counsel for the petitioner as well as the learned A.C. to AAG-10.

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Petitioner, who happens to be the alleged victim of Sahebganj P.S. Case No.114/12, has prayed for quashing of the aforesaid F.I.R. which has been launched at the behest of her father Ramdeni Ram for her kidnapping by the accused persons named therein. In the written report itself the age of the victim has been disclosed as 16 years.

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Patna High Court CR. WJC No.492 of 2013 (5) dt.03-01-2014

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2 / 2

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By way of supplementary affidavit, a transfer certificate has been filed in support of contention of the petitioner that she happens to be a major one having the date of birth 10.5.1994.

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From the counter affidavit, it is evident that against one co-accused charge-sheet had already been submitted while against remaining, the investigation is going on. It is also evident that appearance of the petitioner/victim is still awaited. Therefore, it looks desirable to instruct the petitioner to appear before the investigating authority who will produce her before the learned lower court for her statement under Section 164 Cr.P.C. as well as will also ascertain her age by medical evidence or otherwise. In case the petitioner/victim is found major then in that event the ultimate result of the investigation must be guided with the statement so made on her behalf under Section 164 Cr.P.C. Further, it is made clear that during course of such exercise no threat/coercion, allurement will be exercised upon the petitioner/victim.

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With the aforesaid observation, instant petition is disposed of.

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(Aditya Kumar Trivedi, J)

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Pawan/-

Milan Kumari @ Milan Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Milan Kumari @ Milan Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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