Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1558 of 2019 Petitioner :- Rajani And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R., which has been registered as Case Crime No.0875 of 2018, under Sections 342, 376, 506 I.P.C. and under Section 3/4 POCSO Act, P.S. Sikandrarau, District Hathras (Mahamaya Nagar).
The contention is that the present first information report has been lodged by the mother of the victim. With regard to the incident which is said to have been taken place on 12.11.2018, the first information report has been lodged on 25.12.2018.
We have heard learned counsel for the petitioners and perused the record, which shows that the alleged victim herself is the petitioner no.1 in the present writ petition and as per the Adhar card her age is 18 years. The petitioner no.1 and petitioner no.2 have filed joint affidavit in support of the writ petition. The Court has been further informed that the alleged victim, petitioner no.1 is present before the Court and as an abundant caution the Court proceeds to examine the girl, petitioner no.1:
On being asked by this Court from the girl Tumhara nam kya hai, she said Rajni, Tumhare Pitaji ka nam kya hai, she said Ram Babu Jatav, Tumhari umra kya hai, she said meri umra 18 saal hai, Kya tume apni marzi se shadi ki hai, she said ha, maine apni marzi se Gaurav se shadi ki hai bina kisi zor zabardasti ke."
The record further shows that the girl after the recovery was given in the custody of the parents and she says that "mai dubara apne pati ke pas rahane chali gai thi aur mai apne pati Gaurav ke sath rahungi. "
The boy Gaurav, petitioner no.2 who is also present before this Court has been identified by the girl as her husband who in turn has identified the girl as his wife. Both have been identified by their counsel on the basis of documents produced in their Chamber.
Learned A.G.A. appears on behalf of the respondent no.1 to 3.
Issue notice to the respondent no.4. Steps be taken within a week. All the respondents may file their counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till further orders of this Court, the respondents are restrained from interfering in any manner whatsoever against the petitioners in pursuance of the first information report dated 25.12.2018 in Case Crime No.0875 of 2018, under Sections 342, 376, 506 120-B I.P.C. and Section 3/4 POCSO Act, P.S. Sikandrarau, District Hathras.
It is being made clear that in case if any party is aggrieved by the present order of this Court they may file an application before the Court seeking modification of the order. However, in view of the statement made, no further statement is required to be recorded.
Let a copy of this order be given to the learned A.G.A. within three days.
Order Date :- 22.1.2019 R./