Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2348 of 2019 Petitioner :- Nek Ram And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 26.10.2018 registered as Case Crime No. 0411 of 2018, under Sections 363 and 366 I.P.C., P.S. Kalan, District Shahjahanpur.
The impugned First Information Report, which has been lodged by the father of the victim Km. Sulechna, alleges that the victim is aged about 12 years and she has been enticed away by the accused persons.
The petitioners by placing reliance on a medico legal report, which discloses the age of the victim as about 18 years have sought quashing of the F.I.R. Further, there appears statement of the victim rendered under Section 164 Cr.P.C. denying use of any force on her. However, here is no order of Magistrate dealing with custody of the victim or determining the age of the victim.
Under the circumstances, as there is a serious dispute as regards the age of the victim, and the informant, who is father, has alleged that she is aged about 12 years, we do not find it to be a fit case to quash the First Information Report.
In view of the above, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till submission of police report under Section 173(2) Cr.P.C.
It is made clear that we have not expressed any opinion as regards the age of the victim. Therefore, while submitting report under Section 173(2) Cr.P.C., the Investigating Officer would be free to come to his own conclusion as regards the age of the victim, as per law.
Order Date :- 31.1.2019/Md Faisal