Smt. Jyoti And 6 Others vs State Of U.P. And 3 Others
2023 Latest Caselaw 18676 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147209-DB
 
Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10945 of 2023
 

 
Petitioner :- Smt. Jyoti And 6 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vidya Nath Shukla,Raj Narayan Gupta
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Vidya Nath Shukla, learned counsel for the petitioners and Sri G.P. Singh, the learned A.G.A. for the State and perused the record.

2. This writ petition has been filed praying to quash the first information report dated 28.06.2023 in Case Crime No.0113 of 2023, under Sections 363, 120-B IPC, P.S. Bankata, District Deoria and not arrest the petitioners pursuant to the said FIR.

3. The contention of the learned counsel for the petitioners is that as per AADHAR Card, the petitioner no.1 is major, aged about 20 years and her date of birth is 17.02.2003 and as per AADHAR Card, the petitioner no.2 is also major and have married with each other out of their own free will in Arya Samaj Gurge Town, Deoria and they have also applied for registration of their marriage on 05.07.2023, as such no offence under Section 363, 120-B I.P.C. is made out. Learned counsel for the petitioners also placed reliance upon the judgments of Hon'ble Apex Court in the case of "P. Yuvaprakash Vs. State represented by Inspector of Police" passed in Criminal Appeal No. 1898 of 2023 on 18.07.2023 and 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.

4. Per contra, learned AGA opposed the submission of the petitioners.

5. In view thereof, we direct that the petitioner no. 1-Jyoti be produced before the Magistrate concerned, for recording her statement under section 164(1) and (5) of Cr.P.C. and thereafter, she shall be brought 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). Both these exercises must conclude on or before 10.09.2023 or within six weeks from today.

6. 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.

7. The arrest of the petitioners shall be subject to the 164 Cr.P.C. statement of the girl and her age.

8. In the event, if it is found that she had attained the age of majority and her 164 Cr.P.C. statement favours the petitioner nos. 2, 3, 4, 5, 6, 7, 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.

9. With this observation, the writ petition stands disposed of.

Order Date :- 24.7.2023

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