Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 4818 of 2009, under Sections 363, 366 & 368 IPC, police station Kotwali Nagar, district Faizabad.
We have gone through the contents of the FIR, short counter affidavit filed on behalf of State by one Shri Amarnath said to be Sub Inspector, police station Kotwali Nagar, Faizabad annexing therein statement of prosecutrix (Sameena) recorded under Section 164 Cr.P.C..
As per high school certificate as well as medical examination report of the prosecutrix, she is minor and since the contents of the FIR disclose commission of cognizable offence, as such, the same cannot be quashed. The writ petition is misconceived and is accordingly dismissed. However, it is provided that if petitioners surrender and move application for bail, the same shall be considered and decided expeditiously by the courts below.
Order Date :- 6.1.2010 Pradeep/-