Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7772 of 2021 Petitioner :- Smt.Sita Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri S.D. Dwivedi, learned counsel for the petitioners and Sri Roopak Chaubey, learned AGA for State-respondents.
The writ petition has been filed inter alia for the following relief:
(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 15.06.2021 in Case Crime No. 0164 of 2021, under Section 363, 366 IPC , Police Station Khudaganj, District Shahjahanpur.
(ii) issue a writ, order or direction in the nature of Mandamus directing and commanding the respondent No. 2 not to arrest the petitioners in pursuance to the impugned First Information Report dated 15.06.2021 in Case Crime No. 0164 of 2021, under Section 363, 366 IPC , Police Station Khudaganj, District Shahjahanpur".
Learned A.G.A. states on instructions that on the basis of the educational certificates of the victim Sita Devi, which have been verified by the principal of the college, the date of birth of the victim-petitioner no.1 is 11.01.2004 and thus, she is minor.
Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, the writ petition is disposed off with direction that petitioner no.1 shall appear before Child Welfare Committee, Shahjahanpur within a week from today along with copy of this order and thereupon the Child Welfare Committee shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 and thereafter proceed in accordance with law For a period of two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 23.9.2021 T.S.