Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3193 of 2021 Petitioner :- Archna @ Archna Gautam and another Respondent :- State Of U.P. and 2 Others Counsel for Petitioner :- Atul Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This petition is also preferred by the prosecutrix (alleged victim) who is said to have been allured by the petitioner No. 2.
The factual data as of today is that the petitioner No. 1 and 2 both are major as per the averments made in paragraph - 11 of this petition. The petitioner No. 2 himself is the deponent to the affidavit filed in support of this writ petition.
The First Information Report dated 12.02.2021 was lodged by the respondent No. 3, Smt. Pinki who is the mother of petitioner No. 1 and in pursuance of the said First Information Report a Case Crime No. 0054 of 2021 under Sections 363, 366 IPC, Police Station - Akrabad, District - Aligarh has been registered against petitioner No. 2, Hovendra @ Hemendra Kumar son of Kanchan Singh and one Indrapal son of Het Ram. It has been alleged in the FIR that the daughter of respondent No. 3 is aged about 16 years and has been allured by the petitioner No. 2 , who is now petitioner No. 1 before us with the aid of petitioners No. 2.
Having perused the documentary evidence available on record of this case, we pass the following directions under Article 226 of the Constitution of India:-
a). The investigation of the FIR dated 12.02.2021 bearing Case Crime No. 0054 of 2021 under Sections 363, 366 IPC, Police Station - Akrabad, District - Aligarh shall go on.
b). The statement of the prosecutrix namely petitioner No. 1 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
c). If the Investigating Authority is satisfied that the prosecutrix namely petitioner No. 1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner No. 2 shall not be arrested or coercively dealt with till the investigation is over.
As per the version of the FIR the victim (girl) is minor and she has been allured by the petitioner No. 2 and there is semblance of Sections 363 and 366 IPC. In such circumstance, if the investigating authority finds concrete evidence against the petitioner No. 2 after the logical conclusion of the going on investigation, this order of interim protection will not come in the way of the police authorities.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands partly allowed.
Order Date :- 12.5.2021 LBY