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Shashi And Another vs State Of U P And Others

High Court Of Judicature at Allahabad|26 November, 2019
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JUDGMENT / ORDER

Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24163 of 2019 Petitioner :- Shashi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Srivastava 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 & 2 and perused the record.
The instant petition seeks quashing of the first information report dated 2.4.2019, registered as Case Crime No. 42 of 2019, P.S. Magorra, District Mathura, under Section 366 I.P.C.
The first information report has been lodged by the respondent No. 3, mother of the victim- Shashi (petitioner No.1). In the first information report itself it is admitted that the victim Shashi is aged about 19 years. It is alleged that she has been enticed away by accused Vivek @ Babloo (petitioner No. 2).
This petition has been filed by the victim and Vivek @ Babloo (petitioner No. 2) claiming that both of them are adult and they have been voluntarily entered into relationship with each other, therefore, no offence has been committed.
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 no.2 shall produce the petitioner no.1 (Shashi) before the court of Chief Judicial Magistrate, Mathura by or before 17.12.2019. Upon her production, the Chief Judicial Magistrate, Mathura shall proceed to record the statement of Shashi to ascertain whether any force has been used on her or she has been voluntarily in the company of the petitioner no.2. 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 no.2 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 17.12.2019, 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 petitioners 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 :- 26.11.2019 Vandana
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Title

Shashi And Another vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 November, 2019
Judges
  • Manoj Misra
Advocates
  • Rajeev Kumar Srivastava