Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7672 of 2021 Petitioner :- Anuj And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned AGA for State.
The writ petition has been filed inter alia for the following relief:
"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 23.8.2021, registered as Case Crime No. 425 of 2021, under Sections 147, 323, 504, 506 I.P.C., Police Station Collenganj, District Prayagraj.
(ii) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondents not to arrest the petitioners in pursuance of the impugned First Information Report dated 23.8.2021, registered as Case Crime No. 425 of 2021, under Sections 147, 323, 504, 506 I.P.C., Police Station Collenganj, District Prayagraj."
Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, the writ petition is disposed off with direction that petitioner nos.2 and 3 shall appear before Child Welfare Committee, Prayagraj, within two weeks from today along with copy of this order and thereupon the Child Welfare Committee shall determine their age in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 and thereafter proceed in accordance with law.
For a period of two weeks, no coercive action shall be taken against the petitioner Nos. 2 and 3, namely, Vipul and Praful, respectively.
In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner No.1 to apply for anticipatory bail/bail as permissible under law and in accordance with law.
It is made clear that we have not expressed any opinion on the merits of the case of the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.9.2021 Kamarjahan