Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12175 of 2019 Petitioner :- Shilpi Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Narayan Pandey 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 3 and perused the record.
The instant petition seeks quashing of the first information report dated 24.4.2019, registered as Case Crime No. 186 of 2019, at P.S. Jalalabad, District Shahjahanpur, under Sections 363, 366 I.P.C. and 7/8 POCSO Act.
The allegation in the impugned first information report, which has been lodged by respondent No.4 (informant), is that informant's daughter Priti, who is aged about 15 years, has been enticed away by the accused.
This petition has been filed by Shilpi and accused Sumit Singh, claiming that the alias name of Shilpi is Priti. It is also claimed that the victim is an adult and she has voluntarily entered into relationship with the accused Sumit Singh and, therefore, no offence has been committed.
On 7.5.2019, the Court had passed an order requiring medical examination of the victim to determine her age. Notices were also issued to the respondent No.4 fixing 29.7.2019.
Office has submitted a report dated 2.9.2019 that notice was sent to respondent No. 4 but neither acknowledgement nor undelivered cover has been received back so far.
Keeping in mind the order that we propose to pass, we do not consider it necessary to await service of notice upon respondent No.4. Rather, we deem it appropriate to dispose off this petition by providing that the petitioner No. 2 shall produce the victim Shilpi Singh (petitioner No.1) 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, Shahjahanpur, 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 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. 2 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