Guranrayan v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Court No. -10 Case :-CRIMINAL MISC. WRIT PETITION No. -9013 of 2023 Petitioner :-Guranrayan Respondent :-State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :-Rudra Pratap Pal Counsel for Respondent :-G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This petition has been filed praying the following reliefs:-

(a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information dated

4.10.2023, vide case crime no. 401 of 2023 under Section 366 IP.C. and 3/4 of the POCSO Act, lodged at Police Station-Huzoorpur, District-Bahraich as contained in Annexure-1 to this writ petition.

(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party not to harass, detain or prosecute the petitioner in pursuance of the impugned F.I.R. It has been submitted by the learned counsel for the petitioner that no specific role has assigned to the petitioner in the impugned F.I.R. Moreover, the victim was recovered and her statement under Section 164 Cr.P.C. was recorded by the court concerned on 19.10.2023 wherein it has been stated that she has eloped with Ramesh, S/o Pyare on her own and they had got married to each other. The Court having perused the impugned F.I.R. and Annexure no. 3 to the petition, which is the copy of the statement recorded of the victim from which it appears that victim is 15 years of age finds no ground to show interference. The writ petition is, accordingly, dismissed. Order Date :- 24.11.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench