Noman Khan and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9393 of 2023 Petitioner :- Noman Khan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Pawan Kumar Sharma Counsel for Respondent :- G.A.,Ajey Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned AGA for the State. This Court vide order dated 12.12.2023 directed the learned AGA to seek instructions in the matter. Learned AGA has produced before this Court instructions sent by S.I. Ghanshyam Chaturvedi, P.S. Visheshwarganj, District Bahraich wherein it has been stated that against accused Noman Khan Section 376(2), 376(3), 506 and Section 5(i)/6 POCSO Act and against accused Islam Section 366/120-B IPC and Section 16/17 POCSO Act have been added during the course of the investigation as the victim was found to be 15 years and 11 months old as per her educational certificate. After arguing for some time, learned counsel for the petitioners prays that the petition may be dismissed as not pressed with liberty to file a fresh petition. Accordingly, the petition is dismissed with liberty to file a fresh petition. Order Date :- 21.12.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench