Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2812 of 2021 Petitioner :- Kavita Bind And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- S.K. Srivastava,Pawan Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; Sri B. Lal for respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 19.12.2020 registered as Case Crime No.0309 of 2020, under Sections 366 and 120-B I.P.C. P.S. Suriyawan, District Bhadohi.
The allegation in the first information report, which has been lodged by the mother of the victim Kavita (the petitioner no.1), is to the effect that her daughter, who is aged about 18 years, has been enticed away by Rajan Gaur (petitioner no.2) with the help of other accused.
The case of the petitioners is that the victim Kavita is an adult with date of birth 06.01.1997, as per matriculation certificate, and that she has voluntarily married the petitioner no.2 and their marriage is also registered. It has been submitted that the impugned first information report levels false allegations.
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.
As the petitioner no.1 (the victim) can appear before the Investigating Officer and get her statement recorded by submitting documents with regard to her identity and age, we deem it appropriate to dispose off this petition by giving liberty to the petitioners to produce the victim (Kavita- petitioner no.1) before the investigating officer of the case. If the petitioner no.1 is produced before the investigating officer of the case within 10 days from today, her statement shall be recorded under Section 161 Cr.P.C. and thereafter she shall be produced before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. For a period of three weeks from today, subject to above, the petitioners shall not be arrested in Case Crime No.0309 of 2020, P.S. Suriyawan, District Bhadohi, under Sections 366 and 120-B IPC.
It is made clear that if the petitioner no.1 is not produced before the Investigating Officer within the period specified above, this interim protection shall not be operable.
With the aforesaid observations/directions, the petition is
disposed off.
Order Date :- 5.4.2021. Rks.