Smt. Kamla and 2 Others v. The State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16939 of 2023 Petitioner :- Smt. Kamla And 2 Others Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Diwakar Shukla Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioners and learned A.G.A. for the State.

¶2The instant writ petition seeks quashing of the FIR dated

05.10.2023 giving rise to Case Crime No.0247 of 2023, under Sections 363, 366 I.P.C., Police Station-Sandeepanghat, District-Kaushambi.

¶3The FIR alleges that the victim is minor. To controvert this allegation, reliance has been placed upon Aadhar Card.

¶4It is settled law that Aadhar Card/Pan Card is not a valid document for the determination of age of a person.

¶5Moreover, the allegations made in the First Information Report clearly disclose commission of cognizable offences and the allegations are serious in nature. Therefore, prayer of the petitioner to quash the First Information Report is completely misconceived and is rejected.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 30.10.2023 Aditya Tripathi High Court of Judicature at Allahabad