Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25795 of 2019 Petitioner :- Shiv Praksh Gautam And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Shri Brijesh Kumar Verma, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated dated 6.12.2019 registered as Case Crime No.435 of 2019 under section 366 I.P.C, P.S. Machhalishahar District Jaunpur.
It is a joint petition on behalf of petitioner nos. 1 and 7 who are claiming themselves to be a married couple living together of their own free will and the petitioner No. 7/wife is major/aged about 24 years as per Aadhar Card. Petitioner Nos. 2 to 6 are close relatives of petitioner No.
1. Petitioners are innocent, no offence is made out, FIR be quashed.
Learned AGA opposed the submission on the ground that Adhar Card is not an enlisted document to determine the age under the Juvenile Justice Act.
From the perusal of the FIR, it appears that on the basis of allegation made therein, prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.
However, considering the submissions made by the learned counsel for the petitioners that the victim shall be produced before the court concerned, it is directed that in case the victim appears / produced before the court of learned C.J.M. concerned within 20 days from today and moves an application for her medical examination, recording her statement under section 164 Cr.P.C, the learned Magistrate shall fix a date, on which she shall be produced before the C.M.O, by the police officer for her medical examination to determine her age, thereafter, she shall be produced before the CJM concerned for recording her statement under section 164 Cr.P.C., the same shall be recorded on the application filed by the I.O./Officer-in-charge of the police station concerned. The petitioners shall co-operate with the investigation. In case the victim appears to be a minor or if she is major but supports the prosecution version, it shall be open to the police to arrest the petitioners, till then no coercive measures shall be taken against the petitioners. In case the petitioners approach the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to them.
It is further directed that issue of custody of the victim shall also be decided by the CJM concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 17.12.2019 RS