Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4988 of 2019 Petitioner :- Deepak And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sitaram Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 24.1.2019 registered as Case Crime No.11 of 2019, under Sections 323,363,366,504 IPC and Section 7/8 of P.O.C.S.O. Act, 2012, P.S. Saraimeer, District Azamgarh.
It is submitted by the learned counsel for the petitioners that due to unavoidable circumstances, petitioners, namely, Deepak and Jyoti could not appear before this Court, today. He has submitted that the petitioner no.2 has voluntarily performed marriage with the petitioner no.1 without any coercion, duress or undue influence according to Hindu Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report lodged by the respondent no.4 who is the mother of the petitioner no.2.
Per contra learned AGA contended that the allegations made against the petitioner no.1 cannot be aborted at this stage. There is complicity of the petitioner no.1 in the commission of the said crime as he is involved in the serious offence.
Regard being had to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against the petitioner no.1 at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners and the learned A.G.A., it emerges out that petitioner no.2 is major, but no reliable proof regarding her age has been annexed with the petition hence we direct her to appear before the Chief Judicial Magistrate concerned within a week from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.2. Thereupon, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigation officer shall provide her full protection.
It is further directed that the petitioner no.1 shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C, subject to restraint that he shall cooperate with the investigation.
The writ petition is disposed of as above.
Order Date :- 22.2.2019 M. Tariq