Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25589 of 2019 Petitioner :- Deepa Gaur And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod K. Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 17.10.2016 registered as Case Crime No.657 of 2016, under Sections 363, 366 IPC, P.S. Handia, District Allahabad.
The allegations made in the impugned first information report is that informant's cousin has been enticed away by the accused on 14.10.2016.
This petition has been filed by placing reliance on the statement of the victim recorded under Section 164 Cr.P.C., which is to the effect that she has married the accused.
As to what had been the age of the victim on the date of occurrence is a matter which requires consideration and, therefore, the investigation of the case would have to be brought to its logical conclusion by determining the age of the victim on the date of occurrence.
In view of the above, as there is no age proof except Adhar Card which has not been conferred any legal status for the purpose of determining the age as per law, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation.
It is made clear that the above protection would not be available if already police report under Section 173(2) Cr.P.C. has been submitted.
Order Date :- 18.12.2019 AKShukla/-