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

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 19120 of 2023 Petitioner :- Smt. Priyanka And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Roy Sharma Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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

¶2The writ petition seeks quashing of the F.I.R. dated 07.10.2023 giving rise to Case Crime No.1048 of 2023, under Sections 363I.P.C., Police Station-Kwarsi, District-Aligarh.

¶3The first information report alleges that the victim is minor.

¶4To controvert the allegations made in the first information report, reliance has been placed upon Aadhar Card of the victim. It is settled law that the Aadhar Card/Pan Card is not a valid document for determination of the age of a person.

¶5Upon hearing learned counsel for the parties and upon a perusal of the record, we find that the submissions made on behalf of the petitioner are his defence, which cannot be looked into while dealing with a writ petition seeking quashing of a first information report.

¶6Moreover, 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.

¶7The writ petition is therefore dismissed, without prejudice to the right of the petitioners to apply for bail/anticipatory bail. Order Date :- 8.12.2023 Sharad/- High Court of Judicature at Allahabad