Allahabad High Court
Smt. Lalita Rajbhar And Another vs State Of U.P. And 3 Others on 18 August, 2023
Bench: Vivek Kumar Birla, Vinod Diwakar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:166641-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 12967 of 2023
Petitioner :- Smt. Lalita Rajbhar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pradeep Kumar
Counsel for Respondent :- G.A.,Alkeshwar Kumar Singh
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vinod Diwakar,J.
1. Heard Sri Pradeep Kumar, learned counsel for the petitioners, Sri Alkeshwar Kumar Singh, learned counsel for the informant and Sri Virendra Kumar Pal, learned A.G.A. for the State and perused the record.
3. This writ petition has been filed praying to quash the first information report dated 28.07.2023, registered as Case Crime No. 0317 of 2023, under Section 363 IPC, P.S. Phoolpur, District Azamgarh and not to arrest the petitioners pursuant to the said FIR.
4. Submission of the learned counsel for the petitioners is that as per Aadhar Card date of birth of the petitioner no.1-girl is 30.07.2005 and she was just one week short on attaining the age of majority on the date of lodging of the first information report and it is, therefore, submits that she has virtually attained the age of majority and in a position to understand her own welfare, as such no offence under Section 363 IPC is made out. By drawing attention to annexure-4 to the writ petition it is submitted that the petitioners have also applied online for registration of their marriage. It is next submitted that the present petition is supported by a joint affidavit of the petitioners.
5. Per contra, learned AGA on instructions submits that as per first information report victim was aged about 16 years on the date of incident and there is no authentic proof of age of the victim.
6. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.
7. In view thereof, we direct that the petitioner no.1-Lalita Rajbhar be produced before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). This exercise must be concluded within one month from today.
8. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period.
9. The arrest of the petitioners shall be subject to the age determination of the petitioner no.1.
10. In the event, if it is found that she had attained the age of majority, then the petitioners shall not be arrested till the submission of report by the police under section 173(2) Cr.P.C. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stands vacated.
11. With this observation, the writ petition stands disposed of.
Order Date :- 18.8.2023
Nitendra
