Allahabad High Court
Smt. Vimesh Alias Teena And ... vs State Of U.P. And 3 Others on 10 August, 2023
Bench: Vivek Kumar Birla, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162132-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 11532 of 2023
Petitioner :- Smt. Vimesh Alias Teena And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Bhaiya Ram Maurya
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Bhaiya Lal Maurya, learned counsel for the petitioners and Sri Virendra Kumar Pal, learned AGA for the State respondents.
2. By means of the present writ petition the petitioners are seeking quashing of the FIR dated 02.07.2023, registered as Case Crime No. 155 of 2023, under Sections 363, 366 506 IPC, Police Station Dannahar, District Mainpuri. Further prayer has been made not to arrest the petitioners pursuant to said FIR.
3. On 26.07.2023 following order was passed:-
"Heard Sri Bhaiya Ram Maurya, learned counsel for the petitioners, learned A.G.A. for the State as well as Sri Sudhanshu Kumar Singh, learned counsel for the respondent no. 4 and perused the record.
By means of this present petition, petitioners are assailing the illegality and validity of the FIR dated 02.07.2023 registered as Case Crime No. 155 of 2023, under Sections 363, 366 506 IPC, Police Station Dannahar, District Mainpuri, whereby petitioner no. 2 has been made as accused.
The contention raised by the learned counsel for the petitioners is that petitioners are legally wedded husband and wife and they got married on 19.07.2023 in Arya Samaj Temple, Civil Lines, Prayagraj. So far as the age of petitioner no. 1-Vimlesh @ Tina is concerned, learned counsel for the petitioners has relied upon her Aadhar Card by which she claims herself to be 19 years. It is further submitted that petitioner no.1 Vimlesh @ Tina is semi literate.
Under these circumstances, it is directed that petitioner no. 1-Vimlesh @ Tina may be produced before the C.J.M. concerned by 31.7.2023 through I.O. of the case to record her 164 statement and her ossification test report regarding the age as on 30.6.2023 (date of incident). A panel of three doctors would conduct her ossification test. Let 164 statement of the girl and ossification test report be sent to this Court by 10th August, 2023.
Put up this case on 10th August, 2023 as fresh along with aforesaid documents.
Till submission of police report under Section 173(2) Cr.P.C. or till the next date of listing, the interest of the petitioner no.2 is protected and shall not be arrested, but it is incumbent upon him to render full co-operation in early conclusion of investigation.
Let a copy of this order be furnished to the Registrar (Compliance) and Chief Judicial Magistrate, Mainpuri forthwith for communication and necessary compliance."
4. Admittedly, petitioner no.2-Sachin has already been arrested in the present case.
5. From perusal of records we find that the order of this Court dated 26.07.2023 has been complied with and age of the petitioner no.1 has been certified by the Office of Chief Medical Officer, Mainpuri as 18 years and in her statement recorded under section 164 Cr.P.C. victim has not supported the prosecution version, however, the petitioner no.2 has been arrested.
6. Learned AGA submits that as per school living certificate of class VIII of the victim, which reflects her date of birth as 10.11.2007, the victim was minor at the time of incident. However, in view of the judgment of the Hon'ble Apex Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police) the same cannot be considered and this Court by its earlier order had already directed for verification of age which has already been done in the present case and the age of the victim has been determined as 18 years.
7. As the petitioner no.2-Sachin has already been arrested, therefore, the petition in so far as the petitioner no.2 is concerned, is infructuous.
8. However, the age certificate of the victim girl as well as her statement recorded under Section 164 Cr.P.C. shall be considered by the Investigating Officer in the light of the Judgment of Suhani (supra) and P. Yuvaprakash (supra).
9. With the aforesaid observations the writ petition stands disposed of.
Order Date :- 10.8.2023
Nitendra
