Partly allowed

Smt Ruksar Bano and Anr. v. State of Rajasthan and Ors.

Rajasthan HC23 Jan 2017CRLMP/222/2017

Case brief

AI extract

What is this about?

Petitioners were married minors seeking quashing of FIR alleging sexual assault. Court allowed petition in part, directing police to record prosecutrix statement under Section 164 CrPC and investigate fairly.

What did the court decide?

Directions to IO to record statement under Section 164 CrPC, investigate impartially, and submit report; protection of life and liberty.

Smt Ruksar Bano and Anr. Vs State of Rajasthan… — Criminal Trial and Appeal | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Criminal Miscellaneous (Petition) No. 222 / 2017

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Smt. Ruksar Bano Wife of Hyder Ali Daughter of Shri Mohd Vasiulla Khan, by Caste Musalman,, Aged About 25 Years, R/o 14 Ray Colony, Near Shiv Mandir Hasanpura-C, Station Road Jaipur Rajasthan

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Hyder Ali Son of Shri Abdul Sattar by Caste Musalman, Aged About 23 Years, R/o 74 Ray Colony Kacchi Basti, Hasanpura -C, Station Road Jaipur Rajasthan.

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----Petitioners

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Versus

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The SHO Police Station Sadar Jaipur Metropolitan

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Shri Farukh Khan Son of Shri Sardar Khan, Aged About 41 Years, R/o P.no.9040 Near Hanuman Mandir, Hasanpura Sadar Jaipur Rajasthan.

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Shri Sohel Son of Basiullaha Khan, by Caste Musalman,, R/o 14 Ray Colony, Near Shiv Mandir Hasanpura-C, Jaipur Rajasthan

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Shri Sultan Khan Son of Daraf Khan URF Subedar, R/o Shanti Nagar Hasanpura, Jaipur Rajasthan

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Shri Ismile Khan Son of Sultan Khan, R/o Shanti Nagar Hasanpura, Jaipur Rajasthan.

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Shri Saddam Khan Son of Sultan Khan, R/o Shanti Nagar Hasanpura, Jaipur Rajasthan

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----Respondents

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_____________________________________________________ For Petitioner(s) : Mr. R.B. Sharma Ganthola

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For Respondent(s) : Mr. NS Shekhawat, PP

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Mr. Rameshwar, IO is present in person

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For complainant : Mr. Zakir Hussain

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Order

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23/01/2017

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This petition has been filed under Section 482 CrPC.

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(2 of 2)

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[CRLMP-222/2017]

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Learned counsel for the petitioners has contended that

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the petitioners are major, they have married to each other before the Registrar concerned and Certificate of Marriage has been annexed with the petition as Annexure-7. He wants that the protection should be given to the petitioners.

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Learned PP appearing for the State as well as counsel for the respondents have opposed the same.

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IO is also present.

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I have heard leaned counsel for the respective parties

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and carefully perused the relevant material on record.

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Looking to the facts and circumstances of the case, I dispose of this petition with the following directions:

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i) The Investigating Officer, who is present in person before this Court, will get recorded the statement of the prosecutrix under Section 164 CrPC.

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ii) After getting recorded the statement, he will investigate the matter fairly and impartially on the basis of the statement given by the prosecutrix under Section 164 CrPC and thereafter he will submit a report before the Court concerned.

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iii) If he receives any application regarding the protection of the life and liberty of the petitioners, the same will also be given by him to the petitioners, in accordance with law.

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(MAHESH CHANDRA SHARMA)J.

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Smt Ruksar Bano and Anr. v. State of Rajasthan and Ors.

Case brief

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Smt Ruksar Bano and Anr. v. State of Rajasthan and Ors.

Case brief

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