Case :- CRIMINAL MISC. WRIT PETITION No. - 25644 of 2019 Petitioner :- Taniya Tyagi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Atul Kumar, learned counsel for the petitioners and Dr. S.B. Maurya learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 27.11.2019 registered as Case Crime No. 1000 of 2019 under Sections 363, 366 I.P.C., P.S. Deoband, District Sharanpur .
It's a joint petition on behalf of petitioner no. 1 and 2, who are claiming themselves to be a married couple and as per F.I.R. the age of victim is 17 years which can be probabilised to that of majority.
From the perusal of the F.I.R., 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 F.I.R. Therefore, the prayer for quashing the F.I.R. 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 C.J.M. 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.
also be decided by the C.J.M. concerned in accordance with law.
With the above direction this petition is finally disposed of.
Order Date :- 17.12.2019 AS Rathor (Samit Gopal, J.) (Pankaj Naqvi, J.)