Allahabad High Court
Bhumi And 3 Others vs State Of U.P. And 2 Others on 1 October, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:161197-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 16582 of 2024
Petitioner :- Bhumi And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Arvind Kumar Sahu,Praveen Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Arvind Kumar Sahu, learned counsel for the petitioners and Sri Satendra Tiwari, learned A.G.A. for the State and perused the record.
2. The present writ petition has been preferred with the prayer to quash the impugned first information report dated 29.08.2024 registered as Case Crime No.339 of 2024, under Section- 87 B.N.S., 2023, Police Station - Dataganj, District -Budaun and a direction to the respondents not to arrest the petitioners in pursuance of the impugned first information report.
3. Submission of the learned counsel for the petitioners is that as per Aadhar Card and transfer certificate of Class-2 date of birth of the petitioner no.1-girl is 10.08.2006 and date of birth of the petitioner no.2-boy is 12.06.2002, therefore, both the petitioners are major and married to each other out of their own sweet free will as such no offence under Section 87 B.N.S., 2023 is made out.
4. Per contra, learned AGA submits that the Aadhar Card and transfer certificate of Class two is not an authentic proof of age.
5. 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 judgement dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. by Inspector of Police) submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.
6. In view thereof, we direct that the petitioner no.1- Bhumi be produced before the Magistrate concerned, for recording her statement under section 183 of B.N.S., 2023 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 within six weeks from today.
7. 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.
8. The arrest of the petitioners shall be subject to the 183 of B.N.S., 2023. statement of the girl and her age.
9. In the event, if it is found that she had attained the age of majority and her 183 of B.N.S., 2023, statement favours the petitioner no.2, then the petitioners shall not be arrested till the submission of report by the police under section 193(3) of B.N.S., 2023. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stands vacated.
10. With this observation, the writ petition stands disposed of.
Order Date :- 1.10.2024
RKM
