Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37898 of 2018 Petitioner :- Smt. Shakshi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker Mishra Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Smt.Shakshi, petitioner no.1 appears before the Court. She claims to be herself to be major and she has voluntarily married to Kundeep Saroj @ Vakil, petitioner no.2. It is stated that earlier, petitioners filed Writ C no. 40461 of 2018 in which they were treated as major and civil protection was granted. Now, F.I.R. has been lodged. However, in the present writ petition , no proof of age has been given.
In the facts of the case, writ petition is disposed of finally with the direction that the petitioners shall not be arrested in pursuance of F.I.R. dated 6.12.2018 registered as case crime no.
304 of 2018 under section 363,366, I.P.C. P.S. Mungra Badshahpur, District Jaunpur for a period of 45 days from today. During the aforesaid period, petitioners shall produce Smt. Shakshi, before the investigation officer, who shall get her medical examination done for determination of her age and also get her statement recorded under section 164 Cr.P.C. In case, in the medical examination, she is found to minor then protection granted by this Court will stand automatically vacated.
Order Date :- 21.12.2018 aks