Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12490 of 2021 Petitioner :- Umesh Vishwakarma And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and the learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 09.11.2021 registered as Case Crime No.200 of 2021, under Sections 363, 366 IPC, P.S. Nagar, District- Basti and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Submission of learned counsel for the petitioners is that the victim girl is major and have married with petitioner no.1 on her own sweet will and as such no offence under Sections 363 and 366 I.P.C. is made out against the petitioners.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. On instructions, he pointed out that as per high school certificate, the date of birth of victim girl is 20.08.2004 and as such she is minor.
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; M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and the judgment dated 7.10.2021 in Leelavati Devi @ Leelawati & Anr. v. State of U.P., Special Leave to Appeal (Crl.) No(s).3262 of 2021, 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 anticipatory bail/ bail as permissible under law and in accordance with law.
Order Date :- 22.12.2021 A.Kr.