Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37868 of 2018 Petitioner :- Afsana And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Prakash Dubey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Sri Satyam Narayan, Advocate, has put in appearance on behalf of respondent nos.4 and has filed his vakalatnama on behalf of the said respondent.
Afsana, petitioner no.1 appears before the Court. She claims herself to be major. she has voluntarily married to Shamsher, petitioner no.2. She is identified by Anand Prakash Dubey, counsel for the petitioners. In support of her age, her Adhaar Card showing her date of birth as 4.7.2000 has been filed.
Counsel for the informant states that according to F.I.R. she is aged about 14 years . Adhaar Card is not a genuine document in regard to proof of age.
In the facts of the case, writ petition is disposed of finally with the direction that the petitioners shall not be arrested in pursuance of F.I.R. dated12.11.2018 registered as case crime no. 506 of 2018 under section 363,366, I.P.C. P.S. Mundali, District Meerut for a period of three weeks from today. During the aforesaid period, petitioners shall produce Afsana before the investigation officer, who shall get her medical examination done for determination of her age and also get her statement recorded under section 164 Cr.P.C. In case, in the medical examination, she is found to minor then protection granted by this Court will stand automatically vacated.
Order Date :- 21.12.2018 aks