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2023 Supreme(All) 1365

ANJANI KUMAR MISHRA, SHIV SHANKER PRASAD
Gunja – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Sujeet Nath Pandey.
For the Respondent: G.A., Indradeo.

JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the first informant and learned A.G.A. for the State.

2. The instant writ petition seeks quashing of the FIR dated 14.11.2022 giving rise to Case Crime No.0486 of 2023, under Section 363 I.P.C., Police Station-Phoolpur, District-Varanasi.

3. It transpires from the record that this petition came up for admission on 10.08.2023, when an order was passed for production of the alleged victim before the CMO, Varanasi for determination of her age on the basis of ossification test. The statements under section 161 and 164 Cr.P.C. were also directed to be recorded.

4. This was so ordered as it was submitted that the victim is illiterate and never received education from any institution and therefore there is no documentary proof regarding her age.

5. The ossification test report as also the statements recorded under section 161 and 164 Cr.P.C. are available on record in sealed condition.

6. A counter affidavit has been filed on behalf of the first informant annexing thereto, a certificate of the Headmaster of Primary School, Katrao, Block Badagaon, District Varanasi, which states that the victim obtained education from C

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