Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37795 of 2018 Petitioner :- Rubi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
By means of the present writ petition, the the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 14.12.2018 vide case crime No. 266 of 2018, under Sections 363, 366 IPC, and Sections 7/8 of POCSO Act, Police Station Brijmanganj, District Maharajganj.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 is aged about 18 years according to Adhar Card. She was infatuated with petitioner no.2 and performed her marriage out of free volition according to Hindu Customs & Rites. The petitioners are being unnecessarily harassed by the police personnel on the basis of false allegations made in the first information report. The petitioner no.1 has herself filed the affidavit stating that she has performed marriage with the petitioner no.2 without any coercion,duress or undue influence.
Per contra learned AGA contended that the allegations made against the petitioners cannot be aborted at this stage. There is complicity of the petitioners in the commission of the said crime. The petitioners are involved in the serious offence .
From the argument of learned counsel for the petitioners, it emerges out that petitioner no.1 is major, but no reliable proof regarding her age has been annexed with the petition hence we direct her to appear before the Chief Judicial Magistrate concerned within two weeks from today, who shall get her medical examination done within a week thereafter by the CMO concerned to ascertain her age. The age certificate will contain self attested photograph of petitioner no.1, Thereupon, the I.O. concerned shall record her statement under section 161 Cr.P.C. and also move an application before the C.J.M. concerned for getting her statement recorded under Section 164 Cr.P.C., who shall record the same. The investigation officer shall provide full protection to the petitioner no.1.
Regard being hand to the facts and circumstances of the case and also from the bald perusal of the FIR, prima facie cognizable offence is made out against the petitioner no.2 at this stage hence there is no ground for interfering in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, Considering the submission made by the learned counsel for the petitioners and the learned AGA, it is directed that the petitioners no. 2 shall not be arrested in the aforesaid crime till the submission of the report under Section 173(2) Cr.P.C., but the petitioner no.2 shall cooperate with the investigation.
This writ petition is disposed of as above.
Order Date :- 21.12.2018 S.Ali