Juvenile A Thru. His Father Mujammil Khan v. State of U.P. Thru. Addl. Secy. Home Deptt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9292 of 2023 Petitioner :- Juvenile A Thru. His Father Mujammil Khan Respondent :- State Of U.P. Thru. Addl. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Ajmal Khan,Javed Khan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 16/11/2023 vide Case Crime No.- 757/2023, under section-147, 148, 149,323,504,506, 452,427,307 I.P.C., Police Station-Kotwali City, District-Pratapgarh, against the petitioner. (contained as Annexure No.1) ii. Issue a writ, order or direction in the nature of Mandamus directing the opposite party no-2 and 3 not to arrest and not to take any action against the petitioner on the basis of impugned F.I.R. dated 16/11/2023 vide Case Crime No.- 757/2023, under section-147,148,149,323,504,506, 452,427,307 I.P.C., Police Station-Kotwali City, District-Pratapgarh."

¶3It has been submitted by the learned counsel for the petitioner that the petitioner is only 15 years of age and his High School Mark Sheet shows his date of birth as 27.09.2008, a copy of which has been filed as Annexure 02 to the petition. The petitioner has been falsely implicated in the impugned F.I.R. The place of the incident is the maternal village/nanihal of the petitioner and at the time of the alleged incident the petitioner was at his parental house in Village Shitlaganj, District-Pratapgarh.

¶4This Court has perused the F.I.R., it appears that there are two F.I.R.s relating to same incident of shooting and intimidation. The injuries have been received by both sides.

¶5This writ petition is disposed of with a direction to the petitioner's guardian to produce his educational documents before the Investigating Officer who shall refer the matter to the Juvenile Justice Board for appropriate orders to be passed. Order Date :- 7.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench