Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5771 of 2021 Petitioner :- Zaid @ Mohd.Zaid And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ainul Haq Counsel for Respondent :- G.A
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Ainul Haq, learned counsel for the petitioners and learned AGA for State. The writ petition has been filed inter alia for the following relief:
"I. Certiorari quashing the F. I .R. dated 29.05.2021 registered as Case Crime No.1061 of 2021, Under Section 363 of I.P.C. Police Station Sahibabad, District- Ghaziabad.
II. Mandamus commanding the respondents not to arrest the petitioners in Case Crime No.1061 of 2021, Under Section 363 of I. P.C. Police Station Sahibabad, District- Ghaziabad, during pendency of the present writ petition."
Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, the writ petition is disposed off with direction that petitioner no.2 shall appear before Child Welfare Committee, Ghaziabad within two weeks from today along with copy of this order and thereupon the Child Welfare Committee shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 and thereafter proceed in accordance with law.
For a period of two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 30.7.2021 NLY