Smt. Poonam vs State Of U.P. Thru Prin. Secy. Home ...
2014 Latest Caselaw 4070 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 4345 of 2014
 

 
Petitioner :- Smt. Poonam
 
Respondent :- State Of U.P. Thru Prin. Secy. Home Govt. Of U.P. Lko. & Ors
 
Counsel for Petitioner :- Arun Sinha,Riyaz Ahmad
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard Sri Arun Sinha,  learned counsel for the petitioner, learned A.G.A.for the State of U.P. and Sri Ram Kumar Singh counsel for the complainant.

It is submitted by learned A.G.A.that in the present case, statement of first informant and other witnesses have been recorded by the I.O. The co-accused Abhishekh @ Sanju has surrendered before the court concerned, thereafter, he has been sent to jail, against him charge sheet No. A-52 dated 6.6.2014  has been forwarded and sufficient evidence has been collected against the petitioner but the implication of the remaining accused has been found false.  The alleged kidnapped girl Km.Pragya Awasthi has been recovered on 13.3.2014, she has been medically examined on 14.3.2014 , her statement under section 161 Cr.P.C.has been recorded, thereafter on 15.3.2014 her statement under section 164 Cr.P.C.has been recorded, according to her statement, she disclosed her age 14 years, in which she has made allegation against the petitioner also. She stated that she wanted to go with her parents.

This petition has been filed by the petitioner Smt. Poonam  with a prayer to quash the F.I.R. in case crime no.113 of 2014 , under sections 363, 366, 506, 120-B I.P.C., Police Station Aliganj, District Lucknow.

From the perusal of the impugned  F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

Interim order dated 6.6.2014 is hereby vacated. 

However, considering the statement of the victim recorded under section 164 Cr.P.C. and the fact that the main accused Abhishek alias Sanju is in jail, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of by the courts below in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others ( 2009) 4 SCC 437.

With this direction, this application is finally disposed of. 

Order Date :- 6.8.2014

Su