Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7645 of 2021 Petitioner :- Smt. Ujala And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav Counsel for Respondent :- G.A.,Shri Ram Yadav
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 06.6.2019 registered as Case Crime No.0120 of 2019 under Sections 363, 366, 376 I.P.C. and 4/8 Protection of Children From Sexual Offences Act, P.S. Jeanpur, District Azamgarh. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned A.G.A. states that as per version of FIR, the girl is minor. Her statement under Section 164 Cr.P.C. has also been recorded before the competent court, wherein she had unanimously joined her parents and consequently, her custody has been given to the parents. The chargesheet has also been submitted against the main accused before the competent court. As such, the cause of filing the writ petition no more survives and the writ petition is liable to be dismissed as infructuous.
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon’ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for bail as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.9.2021 RKP