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NEERAJ TIWARI
Manoj Kumar @ Monu Katheriya – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. filing of application under cr.p.c. for charge sheet quashing. (Para 1 , 2 , 3) |
| 2. arguments on marriage and custody rights. (Para 4 , 5) |
| 3. court's observations on personal liberties. (Para 6) |
| 4. court's analysis of previous judgments on custody. (Para 7 , 8) |
| 5. assessment of victim's age and implications. (Para 9 , 10 , 11) |
| 6. quashing of proceedings based on legal reasoning. (Para 12 , 13 , 14) |
| 7. final directives and cost implications. (Para 15 , 16) |
JUDGMENT
Neeraj Tiwari, J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
2. Present 482 Cr.P.C. application has been filed seeking quashing of impugned charge sheet dated 03.02.2023 in Session Trial No. 22 of 2023, arising out of Case Crime No. 581 of 2022, under Section 363 , 366, 376 IPC and 5(j)(ii)/6 of POCSO Act, Police Station-Kotwali Orai, District-Jalaun as well as order dated 01.02.2023 passed by Child Welfare Committee, Jalaun.
3. Pursuant to order of this Court dated 23.11.2023, applicant, namely, Manoj Kumar @ Monu Katheriya is present before this Court, duly identified by his counsel, Sri Kartikeya Shukla. Victim-Mangala along with child aged about four months are also produced bef
The court reinforced that individuals, including minors, cannot be detained in protective custody against their will, emphasizing the importance of personal liberty and the right to choose one's spou....
Victims' rights to liberty and personal choice prevail over custodial interventions, even in minor cases, when they express their desire to live with their spouse.
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
Being a major girl, she has every right to decide her future path.
The court held that a Magistrate cannot review or recall an order once signed, as it violates established judicial procedures and principles of natural justice.
The paramount consideration in determining the custody of a minor is the welfare of the minor, and a minor capable of making conscious decisions about her welfare and voluntarily entering into a mari....
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