Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22122 of 2019 Petitioner :- Nargish And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raju Kanaujia Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Raju Kanaujia learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 31.8.2019 in case crime No. 0317 of 2019, under Sections 147, 364, 406, 504 IPC, P.S. Bewar, District Mirzapur.
It is submitted by learned counsel for the petitioners that it is a joint petition on behalf of petitioner nos. 1 and 2 who are claiming themselves to be a married couple living together of their own free will and the petitioner No. 1/wife is major and as per Aadhar Card, her date of birth is 5.8.2001.. Petitioners are innocent, no offence is made out, FIR be quashed.
Learned AGA opposed the submission on the ground that Adhar Card is not an enlisted document to determine the age under the Juvenile Justice Act, 2015.
From the perusal of the FIR, it appears that on the basis of allegation made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 30.9.2019 AS