Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5696 of 2021 Petitioner :- Aabda And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Syed Fahim Ahmed Counsel for Respondent :- G.A.,Ashutosh Shukla
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State - respondents.
This writ petition has been filed praying for the following relief:-
"i. issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 5.7.2021, registered as Case Crime No. 128 of 2021, under section 363 and 366 of I.P.C. at Police Station Shergarh, District Bareilly (Anneuxre No. 5 to the writ petition).
ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioners in pursuance to the impugned F.I.R. dated 5.7.2021, registered as Case Crime No. 128 of 2021, under section 363 and 366 of I.P.C. at Police Station Shergarh, District Bareilly (Anneuxre No. 5 to the writ petition)".
Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, the writ petition is disposed off with direction that petitioner no.1 shall appear before Child Welfare Committee, Bareilly within two weeks from today along with copy of this order and thereupon the Child Welfare Committee shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 and thereafter proceed in accordance with law.
For a period of two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 28.7.2021 samz