Allahabad High Court
Akbar Ali And Another vs State Of U.P. And 2 Others on 28 February, 2020
Bench: Pankaj Naqvi, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3746 of 2020 Petitioner :- Akbar Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Deen Verma Counsel for Respondent :- G.A.,Ram Mani Upadhyay,Vikrant Pandey Hon'ble Pankaj Naqvi,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Hanuman Deen Verma, learned counsel for the petitioners, Sri R.M. Upadhyay and Shri Vikrant Pandey, learned counsel for the informant and Shri S.R. Pandey, the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 18.2.2020 registered as Case Crime No.20 of 2020, under Sections 366, 363 I.P.C, P.S. - Dubaulia, District - Basti .
It is submitted by learned counsel for the petitioners that petitioner no.1 & 2, a married couple, have preferred this petition supported by a joint affidavit, who are living together as a husband and wife, petitioner no.2/wife is major and aged about 19 years as per Adhar Card. There is threat to their lives as petitioners belongs to the different religions, FIR is malafidely motivated, same be quashed.
Learned AGA as well as learned counsel for the informant opposed thesubmission on the ground that Adhar Card is not an enlisted document to determine the age under Section 94 of the Juvenile Justice Act, 2015.
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 petitioners, it is directed that in case the victim appears / produced before the court of learned C.J.M. or any other Judicial Magistrate concerned as the case may be within 20 days from today and moves an application for her medical examination and 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 court 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. While granting protection to the petitioners, the S.P. concerned shall bear in mind the Provisions of Government Orders dated 31.08.2019 and 05.09.2019.
With this direction, this petition is finally disposed of.
Order Date :- 28.2.2020 Rishabh