Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7607 of 2021 Petitioner :- Khushbu And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Mohd. Aslam,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
This petition has been filed for the following reliefs:-
"(i) issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 13.7.2021 (Annexure-1 to this writ petition) as Case Crime No.228 of 2021, under Sections 363, 366, 120B I.P.C., Police Station- Bilhaur, District- Kanpur Nagar.
(ii) issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned first information report dated 13.7.2021 as Case Crime No.228 of 2021, under Sections 363, 366, 120B I.P.C., Police Station- Bilhaur, District- Kanpur Nagar."
As per the allegations in the impugned first information report, the victim/petitioner no.1 is aged about 14 years.
In view of the aforesaid, the respondent no.3 is directed to produce the petitioner no.1 before the Child Welfare Committee, Kanpur (Outer) within a week from today and thereafter, the Child Welfare Committee shall determine the age of the petitioner no.1 in accordance with the provisions of Section 94 of the Juvenile Justice (Care & Protection of Children) Act, 2015 and on such determination, shall proceed in accordance with law.
With the aforesaid observation, the writ petition stands
disposed of.
Order Date :- 17.9.2021 Anil K. Sharma