Smt. Kusum and Another v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17528 of 2023 Petitioner :- Smt. Kusum And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy,Vibhuti Prasad Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

¶1Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA.

¶2The writ petition seeks quashing of the F.I.R. dated 13.04.2023 giving rise to Case Crime No.0165 of 2023, under Section 363 & 366 I.P.C., Police Station-Nawabganj, District-Prayagraj.

¶3The FIR alleges that the victim is minor. This is sought to be controverted by the learned counsel for the petitioner on the basis of a Adhar Card, which is not a valid document for the said purpose.

¶4It is settled law that Adhar Card is not admissible for determination of age of a person, therefore, reliance upon the Adhar Card cannot be accepted. Moreover, the only document which has been discarded above no other document is there which would have prima facie show that the victim is major as sought to be conveyed by way of this writ petition.

¶5Under the circumstances, the allegations in the FIR constitute a cognizable offence.

¶6The petition is, therefore, dismissed. Order Date :- 8.11.2023 Himanshu High Court of Judicature at Allahabad