Neutral Citation No. - 2025:AHC:12634-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 22257 of 2024 Petitioner :- Smt. Salani And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. The instant writ petition is preferred for quashing the impugned F.I.R. dated 15.11.2024 registered as Case Crime No. 483 of 2024, under Section 137(2), 61(2) of BNS, 2023, P.S.- Rasulabed, District Kanpur Dehat. 3. While entertaining the instant petition, the coordinate Bench of this Court has observed as follows:- "Heard learned counsel for the petitioners and learned AGA for the State. Instant writ petition under Article 226 of the Constitution of India has been preferred by petitioners seeking following reliefs:- "i. Issue a writ order or direction in nature of certiorari for quashing the impugned first information report dated 15.11.2024 registered as case crime No. 483 of 2024, under Section 137(2), 61(2) of B.N.S., P.S.- Rasulabad, District-Kanpur Dehat. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to not to arrest the petitioners in Case crime No. 483 of 2024, uder Section 137(2), 61(2) of B.N.S., P.S.- Rasulabad, District-Kanpur Dehat." Contention of learned counsel for the petitioners is that the age of the petitioner No.1 has been wrongly given as 16 years despite the fact that the age certificate issued by the Nagar Nigam, Kanpur shows that she is 20 years of age. It has also been stated that the petitioner No.3 has wrongly been implicated in the case. However, learned AGA states that it shall be in the fitness of things that the statement under Section 183 B.N.S.S. of the petitioner No.1 be recorded before a competent Magistrate. We do consider it appropriate that the statement of petitioner be got recorded before the competent Magistrate on or before 14.01.2025. List this case on 24.01.2025 as fresh. Till the next date of listing, no coercive action shall be taken against petitioners" 4. Learned counsel for the petitioners submits that the statement of first petitioner under section 183 of BNS, 2023 has already been recorded and she has not supported the prosecution version. 5. Considering the factual situation, we are not inclined to keep the matter pending consideration, with the consent of parties, the writ petition is disposed of with the observation that as the statement of first petitioner under section 183 of B.N.S., 2023 has already been recorded and she has not supported the F.I.R. version, the concerned Magistrate may ensure medical age determination of first petitioner and, thereafter, the Investigating Officer shall proceed in accordance with law. 6. For a period of six weeks, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 24.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad