Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1504 of 2019 Petitioner :- Anarkali And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Prasad Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; Sri Shailendra Kumar Verma, learned counsel for respondent no. 4 and learned A.G.A. for the respondent nos. 1, 2 & 3.
The instant petition seeks quashing of the first information report dated 28.11.2018 registered as Case Crime No. 192 of 2018, under Sections 363, 366 I.P.C. and 17/18 of POCSO Act, Police Station-Sirauli, District-Bareilly.
The instant petition has been filed by the petitioner claiming that victim (Anarkali) is an adult and that she is voluntarily having relationship with the petitioner no. 2.
Learned counsel for the respondent no. 4 has stated that in the first information report the victim is stated to be aged 16 years and, as per the Scholar's Register & Transfer Certificate Form, her date of birth is 20.04.2002 and therefore she is a minor. The Scholar's Register & Transfer Certificate Form has been produced before the Court and is taken on record.
To the contrary, the petitioners have relied on Adhaar Card entry disclosing date of birth of petitioner no.1 as 01.01.2001, which even makes her minor on the date of the incident i.e. 31.10.2008. Moreover, the entry of date of birth in the Adhaar Card has not been given precedence over School Records.
In view of the above, as it would have to be determined as to what is the correct date of birth of the victim, no case for quashing of the first information report is made out. The petition is dismissed.
Order Date :- 22.1.2019 sweta