Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25869 of 2019 Petitioner :- Raveena And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Bachan Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.12.2019 registered as Case Crime No.149 of 2019, under Sections 363, 366, 504 IPC and Section 7/8 of Pocso Act, P.S. Pawai, District Azamgarh.
The allegations made in the impugned first information report are to the effect that informant's daughter Raveena, who is aged about 15 years and is student of High School, has been enticed away by the accused.
This petition has been filed jointly by Raveena and accused claiming that they are adult.
Sri Amrendra Nath Rai has put in appearance on behalf of the respondent no.3 and has passed on photocopy of the Adhar Card as well as certificate issued by Krishak Inter College which disclose that the date of birth of the victim is 05.04.2004.
In view of the above, since there is a serious dispute as regards the age of the victim and it is alleged that the victim is a student of High School and her date of birth is recorded as 05.04.2004, the matter would require investigation and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted. The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 19.12.2019 AKShukla/-