Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 5145 of

2021

Petitioner :- Sarita Devi And 2 Others

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Brijesh Kumar Verma

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the petitioners and learned A.G.A. for

the State-respondent.

By means of the present petition, the petitioners are seeking

quashing of the first information report dated 17.06.2021

registered as Case Crime No.0156 of 2021, under Sections 363,

366, 354, 120-B I.P.C., P.S.- Machhalishahar, District- Jaunpur.

In none of the paragraphs of the writ petition, the petitioners

disclose whereabouts of the victim/ girl though during the

course of the argument, it is stated by the learned counsel for

the petitioners that the victim/girl is with the petitioner no.3.

The victim/ girl has not joined the petitioners herein in the

present petition. It is, though, stated that the victim/ girl is

major based on the averment made in the F.I.R. but there is no

age proof of the girl.

In the said scenario, the petitioners are directed to produce the

victim/ girl before the court of Magistrate concerned on or

before 9th September, 2021. Upon her production, the

Magistrate concerned shall proceed to record the statement of

victim/ girl to ascertain whether any force has been used on her

or she has been voluntarily in the company of the petitioner

no.3. In case, the victim/ girl deposes before the Magistrate

concerned that force has been used on her, the Magistrate

concerned shall proceed to pass appropriate orders immediately

in respect of the custody/protection of the girl.

However, in case, the girl deposes that she has been voluntarily

in the company of the petitioner no.3 or any other person and

that no force has been used on her, learned Magistrate shall call

upon the Investigating Officer of the case and fix a date for

appearance of the informant or the parents or natural guardian

of the girl for the purpose of determining the age of the girl.

On the date so fixed or within such reasonable time as may be

required, the learned Magistrate shall proceed to determine the

age of the girl as per law, keeping in mind the provisions that

are applicable for determination of the age of a girl and may, if

necessary, direct for ossification test/medical examination of the

girl from a District Government Hospital.

If the girl is found to be a minor, the learned Magistrate shall

proceed to pass appropriate orders in respect of custody of the

girl, as per law. However, in case, the girl is found to be an

adult, he shall proceed to record the statement of the girl under

Section 164 Cr.P.C.

On the basis of the statement of the girl and the age of the girl

as determined above, the police shall submit report under

Section 173(2) Cr.P.C.

The aforesaid exercise shall be completed preferably within a

period of four weeks from the date of production of the girl

before the Magistrate concerned.

Till 9th September, 2021 or the date on which the girl is

produced before the Magistrate concerned, whichever is earlier,

no coercive action shall be taken against the petitioners in the

above case.

Thereafter, if the girl is produced before the Magistrate

concerned as directed above, the accused shall be dealt with as

per the statement of the girl. Though, in the event the girl is

found to be minor, the police would be free to take the

investigation to its logical conclusion and may effect arrest of

the accused.

It is further clarified that if the girl is not produced by the date

fixed as above, there shall be no protection and the

investigating agency shall be free to take all steps that may be

necessary to bring the investigation to its logical conclusion.

With the aforesaid observations/directions, the petition is

disposed of.

Order Date :- 27.8.2021

Radhika