Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4765 of 2019 Petitioner :- Aman And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Vakalatnama has been filed by Shri B.D. Sharma learned counsel for opposite party no. 3 today in the Court, is taken on record.
Heard Shri Mahesh Chandra Tiwari, learned counsel for petitioners, Shri B.D. Sharma learned counsel for opposite party no. 3 and learned A.G.A. on behalf of State of Uttar Pradesh.
Smt. Nisha petitioner no. 2 appears before this Court, claims to be major and has been identified by Shri Mahesh Chandra Tiwari Advocate. In support of her age, she has filed her Certificate -cum- Marks-sheet of High School- 2015 as Annexure No. 3 in which her date of birth is mentioned as 11.06.1999. She has voluntarily married to Aman petitioner no. 1.
Counsel for respondent however raised dispute about the age of Nisha and contended that in the writ petition, it is not mentioned anywhere that the High School Mark-sheet was the first certificate of petitioner no. 2 Nisha and date of birth recorded in it based upon certificate of the first school in which she was first time admitted.
We have considered the argument of learned counsel for parties. At present her High School Mark-sheet has been filed showing her date of birth as 11.06.1999. Therefore she appears to be major.
In view of statement of Smt. Nisha petitioner no. 2, the writ petition is disposed of with the direction that petitioners shall not be arrested in pursuance of F.I.R. dated 14.02.2019 registered as Case Crime No. 104 of 2019, under Section 366 I.P.C., Police Station- Jagdishpura, District- Agra till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
During the investigation, petitioners shall co-operate with the Investigating Officer and Investigating Officer shall get the statement of Smt. Nisha recorded before the Magistrate concerned under Section 164 Cr.P.C. within fifteen days and he shall also conduct medical examination for determination of the age of Smt. Nisha petitioner no. 2.
It has been informed that brother of petitioner no. 2 may create hindrance and may abduct the petitioner no. 2. In the circumstances, the Registrar General, High Court Allahabad shall provide suitable security to the petitioners for going them upto their house.
Order Date :- 21.2.2019/Sharad/-