Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12204 of 2019 Petitioner :- Jaigovind Nishad @ Govind Nishad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Maneesh Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents No. 1 to 4 and perused the record.
This petition seeks quashing of the first information report dated 27.9.2018, registered as Case Crime No. 178 of 2018, at P.S. Rajapur, District Chitrakoot, under section 363 I.P.C.
The allegation in the impugned first information report is that informant's daughter Maiki Devi, who is aged about 17 years (date of birth 1.1.2002), has been enticed away by the accused Govind Nishad (the petitioner No.1).
The victim and the accused have jointly filed this petition for quashing of the first information report by claiming that they are adult and have voluntarily entered into relationship with each other and, therefore, no offence has been committed.
On 7.5.2019 interim protection was granted and notices were issued to respondent No.5 (the informant).
Office has submitted a report that notice was sent to respondent No. 5 fixing 29.7.2019 but neither acknowledgement nor undelivered cover has been received back so far.
Considering the nature of the order that we propose to pass, we do not consider it necessary to await service of notice upon respondent No.5. Rather, we deem it appropriate to dispose off this petition by providing that the petitioner No. 1 shall produce the victim Maiki Devi (petitioner No.2) before the Investigating Officer of the case by or before 20.12.2019. Upon her production, the Investigating Officer shall record the statement of the victim and, thereafter, shall produce the victim before the Chief Judicial Magistrate, Chitrakoot, who shall proceed to record the statement of the victim under Section 164 Cr.P.C.
On the basis of material collected during the course of investigation and the statement of the victim recorded as above including the material in respect of the age of the victim, the police report shall be submitted as per law.
Subject to above, till submission of police report under Section 173(2) Cr.P.C., no coercive step shall be taken against the petitioner No. 1 in the above case.
It is made clear that if the victim is not produced by the date fixed as above, there shall be no protection and the Investigating Officer shall be free to take all such 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 :- 28.11.2019 Vandana