Kafiya And 5 Others vs State Of U.P. And 3 Others
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Allahabad High Court

Kafiya And 5 Others vs State Of U.P. And 3 Others on 25 February, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:26760-DB
 
Court No. - 42
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2939 of 2025
 

 
Petitioner :- Kafiya And 5 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Jitendra Kumar Upadhyay
 
Counsel for Respondent :- G.A.,Jainendra Kumar Pandey,Rajesh Shukla
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Today lawyers are abstaining from judicial work. We have carefully perused the record.

2. This writ petition has been filed praying to quash the first information report dated 03.02.2025 registered as Case Crime No.0036 of 2025, under Sections 137(2) B.N.S., 2023 Police Station-Kutubsher, District-Saharanpur and not to arrest the petitioners pursuant to the said FIR.

3. The record reflects that as per Aadhar Cards, the date of birth of petitioner no. 1 is 01.01.2005 and petitioner no. 2 is 01.01.1998 and both are major and have married with each other out of their own free will and as such no offence under Sections 137(2) B.N.S., 2023 is made out.

4. In view of law laid down by Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and judgment dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. By Inspector of Police) it is well settled that in all such matters Hon'ble Apex Court has directed for age determination test of the girl.

5. In view thereof, we direct that the petitioner no.1-Kafiya be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S., 2023 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.

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 183 B.N.S.S., 2023 statement of the girl and her age.

8. In the event, if it is found that she has attained the age of majority and her 183 B.N.S.S, 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) B.N.S.S., 2023. OTHERWISE, the procedure of law would follow against the petitioners and the protection given to the petitioners would automatically stand vacated.

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

Order date :- 25.02.2025

Manish Himwan

(Prashant Kumar, J.) (M.C. Tripathi, J.)