Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2804 of 2021 Petitioner :- Reetu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Pravesh Yadav 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 12.01.2021 registered as Case Crime No.14 of 2021, under Section 366, 504, 506 IPC, P.S. Husainganj, District Fatehpur.
A perusal of the record would reveal that the third respondent, father of the victim, has lodged the impugned first information report by alleging that the victim, who is aged 18 years, has been enticed away by the accused. The accused along with the victim have jointly filed this petition by stating that they are adult and voluntarily with each other therefore, no offence has been committed.
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 (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.14 of 2021, P.S. Husainganj, District Fatehpur, under Section 366, 504, 506 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 observation/direction, the petition stands
disposed off.
Order Date :- 5.4.2021 AKShukla/-