Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6267 of 2021 Petitioner :- Mohd. Sayeed @ Shahid And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjeev Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State - respondents.
This writ petition has been filed praying for the following relief:-
"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned the First Information Report dated 07.06.2021 in Case Crime No. 103 of 2021, under Section 363, 366 I.P.C. and Under Section 7/8 POCSO Act, Police Station Colonelganj, District Kanpur Nagar (Annexure no. 1) to this writ petition.
ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of the First Information Report dated 07.06.2021 in Case Crime No. 103 of 2021, under Section 363, 366 I.P.C. and Under Section 7/8 POCSO Act, Police Station Colonelganj, District Kanpur Nagar and further be restrained in personal life of the petitioner and his wife."
The impugned first information report shows that age of the victim is 17 years. As per the ADHAR card of the victim, the date-of-birth of the victim is '01.01.2004'. Thus, the victim, prima facie, appears to be minor.
In view of the aforesaid, the writ petition is disposed of with a direction to the respondent no. 2, i.e., Station House Officer, P.S.-Colonelganj, District - Kanpur Nagar, to produce the victim - Raunak (petitioner no. 2) before the Child Welfare Committee, Kanpur Nagar within a week from today along with copy of this order, who shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care & Protection of Children) Act, 2015 and thereafter, proceed in accordance with law.
For a period of two weeks, the petitioners shall not be arrested.
Order Date :- 13.8.2021 Amit Mishra