JUDGMENT

Personal affidavit of Superintendent of Police, Hamirpur filed today is taken on record.

2. Heard Sri Sanjay Mishra, learned counsel for the petitioners as well as Sri P.C. Srivastava, Additional Advocate General, assisted by Sri J.K. Upadhyay, Additional Government Advocate and Sri Bhaiya Lal Yadav, learned counsel for the informant.

3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 3.7.2024, registered as Case Crime No. 0271 of 2024, under Sections 376 (2)(n), 354, 147, 452, 504, 506 IPC and Section 4 POCSO Act, PS Maudaha, District Hamirpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

4. On 23.7.2024 the following order was passed:

“The impugned FIR dated 3.7.2024 is registered under the provision of Indian Penal Code and not under Bharatiya Nyaya Sanhita (BNS) which came into force on 1st July, 2024. The Superintendent of Police, Hamirpur shall file an affidavit why the FIR has not been registered under Bharatiya Nyaya Sanhita (BNS)

Learned AGA for State submits that the victim is aged about 14 years and she was medically exa