Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21994 of 2019 Petitioner :- Tarun Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Nath Singh,S.K. Srivastava Counsel for Respondent :- G.A.,Thakur Prasad Dubey
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Thakur Prasad Dubey learned counsel for the petitioner and Sri Rajnish Pandey, Brief Holder.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 25.7.2019 in case crime No. 0238 of 2019, under Sections 363, 506, 368 IPC, P.S. Gagalheri, District Saharanpur.
Learned counsel for the petitioner submitted that the petitioner No. 1 and daughter of respondent No. 4 are claiming themselves to be a married couple, living together of their own free will, daughter of respondent No. 4 is major as per Aadhar Card, petitioner is innocent, no offence is made out, FIR be quashed.
Learned AGA and learned counsel for the informant opposed the submission on the ground that Adhar Card is not an enlisted document to determine the age under the Juvenile Justice Act, 2015 and the victim is aged about 16 years.
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 petitioner 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 petitioner 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 petitioner, till then no coercive measures shall be taken against him. In case the petitioner approaches the Superintendent of Police concerned to provide security for the above mentioned purpose, same shall be provided to him.
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 :- 26.9.2019 AS