Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17315 of 2019 Petitioner :- Smt. Anju And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
Vakalatnama of Sri Amar Singh Yadav, filed today on behalf of respondent no.3 is taken on record.
The present petition has been filed seeking a writ of certiorari for quashing of the First Information Report dated 10.6.2019 in Case Crime No.270 of 2019 under Section 363, 366 I.P.C. Police Station-Bisalpur, District-Pilibhit.
Further, prayer in the writ petition is to issue a direction to the respondent no.2 not to arrest the petitioners pursuant to the report lodged by respondent no.3, who happens to be father of petitioner no.1. The present petition is supported by the joint affidavits of the petitioner nos.1 and 2 who have mentioned their age in the affidavit as 21 years. The affidavit is supported by Aadhar card of petitioner no.1 and 2 wherein the date of birth has been mentioned as 03.02.1998 and 08.04.1998; respectively. Alongwith writ petition, a copy of the High School certificate of petitioner no.1 has been appended at page '27' of the paper book which indicates that the date of birth of petitioner no.1 is 16.7.2000.
Sri Amar Singh Yadav, learned Advocate for respondent no.3 has provided a copy of the High School result of petitioner no.2 issued by the U.P. Board of Secondary Education, Allahabad for the examination of the year 2015, wherein the date of birth of petitioner no.2 is recorded as 8.4.2000. Learned counsel for the petitioners has not been able to dispute the documents supplied by the learned counsel for the respondent no.3.
It is, thus, clear that the present petition has been filed with incorrect facts. In view of the apparent contradiction in the date of birth of petitioner no.1 in the high school certificate and the affidavit filed by her in support of the present petition, this Court finds that the present petition deserves dismissal outrightly. The petitioners have not come with the clean hands before Court of law. They, therefore, cannot seek any indulgence from this Court.
The present petition is, accordingly, dismissed.
Order Date :- 25.6.2019 Harshita