Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2560 of 2021 Petitioner :- Nisha And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bishram Tiwari Counsel for Respondent :- G.A.,Krishnakant Gupta
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 29.12.2020 registered as Case Crime No.289 of 2020, under Section 363 IPC, P.S. Vishunpura, District Kushinagar.
The impugned first information report alleges that the victim aged 15 years has been enticed away.
The learned counsel for the petitioner submits that the victim is not aged 15 years but is an adult as per school leaving certificate, which is there on record at page 37 of the paper book.
Sri Krishna Kant Gupta, who appears for the informant, submits that the school leaving certificate of Class-VIII discloses her date of birth as 20.04.2005.
Be that as it may, as there is a serious dispute with regard to the age of the victim, the prayer of the petitioners to quash the first information report cannot be accepted, as the matter would require investigation and evidence might have to be recorded.
The petition is therefore dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 8.4.2021 AKShukla/-