Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7430 of 2021 Petitioner :- Smt. Habiba Umar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Learned A.G.A. states on instructions that victim, i.e. Habiba Umar is minor girl and she was recovered by the police on 05.09.2021. Her statement under Section 164, Cr.P.C. was recorded. In medical examination, she was found to be minor. After completion of proceedings, the Judicial Magistrate has given custody of the aforesaid minor girl to her parents on 14.09.2021. Perusal of the impugned FIR prima facie discloses commission of cognizable offence.
In view of the aforesaid and also in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information. Therefore, the writ petition is dismissed.
Order Date :- 21.9.2021 NLY