Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25844 of 2019 Petitioner :- Amar Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 27.03.2019 registered as Case Crime No.170 of 2019, under Sections 366 and 504 I.P.C. P.S. Kareli, District Prayagraj (Allahabad).
The first information report has been lodged by alleging that the informant's daughter Rinki Nishad, who is aged 25 years, has been enticed away by Amar Nishad with the assistance of his family members.
This petition has been filed by Amar Nishad (accused) by claiming that the victim Rinki Nishad is admittedly adult and that the petitioner and the victim have voluntarily married each other.
The petition has been supported by an affidavit of the victim (Rinki Nishad).
The learned A.G.A. has submitted that it would be appropriate that this petition be disposed off by requiring the investigating agency to record the statement of the victim and, thereafter, take appropriate action as per law.
Having perused the record we deem it appropriate to dispose off this petition by providing as follows:-
The petitioner shall produce the victim (Rinki Nishad) before the court of Chief Judicial Magistrate, Prayagraj by or before 12th January, 2020. Upon her production, the Chief Judicial Magistrate, Prayagraj shall proceed to record the statement of Rinki Nishad to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner. In case the victim deposes before the Chief Judicial Magistrate that force has been used on her, the Chief Judicial Magistrate shall proceed to pass appropriate orders immediately in respect of the custody/protection of the victim. However, in case the victim deposes that she has been voluntarily in the company of the petitioner or any other person and that no force has been used on her, learned Magistrate shall call upon the Investigating Officer of the case and fix a date for appearance of the informant or the parents or natural guardian of the victim for the purpose of recording statement of the victim under Section 164 Cr.P.C.
On the basis of the statement of the victim and the material collected during the course of investigation, the police shall submit report under Section 173(2) Cr.P.C.
The aforesaid exercise shall be completed preferably within a period of three weeks from the date of production of the victim before the Chief Judicial Magistrate concerned. Till 12th January, 2020 or the date on which the victim is produced before the Chief Judicial Magistrate, whichever is earlier, no coercive action shall be taken against the petitioner in the above case. Thereafter, if the victim is produced before the Chief Judicial Magistrate, as directed above, the accused shall be dealt with as per the statement of the victim.
It is further clarified that if the victim is not produced by the date fixed as above, there shall be no protection and the investigation agency shall be free to take all steps that may be necessary to bring the investigation to its logical conclusion.
With the aforesaid observations/directions, the petition is
disposed off.
Order Date :- 18.12.2019. Rks.