Archana vs State of U. P. - 2021 Supreme(All) 1447

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1447

SURYA PRAKASH KESARWANI, SHAMIM AHMED
Archana – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Anand Kumar Tiwari.
For the Respondent: G.A.

JUDGMENT :

1. Heard Sri Anand Kumar Tiwari, learned counsel for the petitioners and Sri Patanjali Mishra, learned A.G.A. for the respondents.

2. This Habeas Corpus writ petition has been filed by the petitioner no.2 on behalf of petitioner no.1 for following relief:-

"i. issue a writ, order or direction in the nature of certiorari quashing the order dated 3.9.2020(Annexure No.7 to the writ petition) passed by the learned Bal Kalyan Samiti, district Bareilly in Case Crime No.39 of 2020, under Sections 363, 366, 376 I.P.C. and Section 4 of the Protection of Children from Sexual Offences Act, 2012, Police Station Kyolariya, District Bareilly;

ii. issue a writ, order or direction in the nature of Habeas Corpus commanding the respondents to produce petitioner no.1 before this Hon'ble Court and to set her at liberty."

3. Briefly the facts of the present case are that F.I.R. dated 05.03.2020 being Case Crime No.39 of 2020 under Sections 363, 366 I.P.C. showing the date of incident as 28.02.2020 was registered at P.S. Kyolariya, District Bareilly at the instance of mother of the petitioner no.1. As per F.I.R. version age of the petitioner no.1 is under 16 years. As per educational certificate,