Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 279 of 2019 Petitioner :- Anjali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Counsel for Respondent :- G.A.,Bhagwan Das Sharma Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Shashank Yadav, the learned Brief Holder of Sri Rajnish Kumar for the petitioners, Sri B.D. Sharma for respondent no.3 and the learned A.G.A.
The petitioners claim themselves to be a married couple, who have sought for quashing of the FIR dated 31.12.2018 in Case Crime No.236/2018, under Sections 363/366 IPC, P.S. Eka, Firozabad.
On 10.1.2019, we had passed certain ancillary orders, including the handing over of the victim to the Nari Niketan, Allahabad. On 17.1.2019, a medical report was submitted, alleging the victim to be 19 years, but neither the x-ray nor the report was produced before us. We adjourned the matter for today so as to enable the learned A.G.A to do the needful.
Today Sri V.S. Rajbhar, the learned A.G.A handed over a sealed envelope, same is opened, which contains an x- ray film and a report pertaining to the victim. The report of the Medical Board dated 12.1.2019 opines that in the x- ray - elbow and the x-ray - wrist, ephiphysis of bones forming, joints are fused and in the x-ray of the clavicle epiphysis of medial end of the clavicle appeared but not fused. The Board ultimately opined that the victim is about 19 years of age, which is not objected by the learned A.G.A and the learned counsel for the informant.
The x-ray film and report is directed to be sealed again in an envelope which shall be kept in a safe custody. The medical report dated 12.1.2019 shall be transmitted to the C.J.M, Firozabad for records forthwith.
The victim is now set free from Nari Niketan, Allahabad.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.1.2019 Chandra