Neutral Citation No. - 2025:AHC-LKO:36844-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5636 of 2025 Petitioner :- Aman (Minor) Thru. Father Asarfi Lal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1) Heard the learned counsel for the petitioners and the learned A.G.A. who appears on behalf of the State- respondent nos.1, 2 and 3. 2) In view of the order proposed to be passed the issuance of notice to the Respondent no.4 is dispensed with. 3) This petition has been filed by the petitioners for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 02.05.2025 lodged in Case Crime No.0126 of 2025, under Sections 3(5), 109, 115(2), 117(2) B.N.S. at Police Station Kudwar, District Sultanpur, contained in Annexure No.1 to this writ petition. ii) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties specially police authorities not to arrest the petitioners on the basis of impugned First Information Report dated 02.05.2025 lodged in Case Crime No.0126 of 2025, under Sections 3(5), 109, 115(2), 117(2) B.N.S. at Police Station Kudwar, District Sultanpur, contained in Annexure No.1 to this writ petition." 4) It has been submitted by the learned counsel for the petitioners that both the petitioners are minor, one is aged 14 years and the other is aged 16 years and also the Petitioner no.2 is a girl. The Educational Certificate of Petitioner no.2-Alka, has also been filed as Annexure-6 to the petition showing her date of birth as 10.01.2010. However, there is no Educational Certificate of the Petitioner no.1- Aman, in his possession. It has been submitted by the counsel for the petitioners that both the petitioners have been falsely implicated in the impugned F.I.R. and they being children are entitled to get protection from this Court. 5) Learned A.G.A. has informed this Court that two of the accused had applied for anticipatory bail which has been rejected. No injury report has been filed by the petitioners but as is evident from the order passed by the Incharge District Judge, Sultanpur, dated 30.05.2025 on the rejected bail application of three of the accused it is evident that several members of the family were injured and one of the victims also suffered a fracture in her forearm. 6) Taking into account the arguments made by the learned counsel for the petitioners that both the petitioners are minor, we direct the Station House Officer, Police Station Kudwar, District Sultanpur, Respondent no.3 to ensure that both the petitioners are produced before the Juvenile Justice Board within 24 hours from the date of copy of this order is received by him so as to determine the age of the petitioners. 7) Till the age of the petitioners is not determined by the Juvenile Justice Board, they shall not be arrested in pursuance of the impugned F.I.R. relating to First Information Report dated 02.05.2025 lodged in Case Crime No.0126 of 2025, under Sections 3(5), 109, 115(2), 117(2) B.N.S. at Police Station Kudwar, District Sultanpur. Order Date :- 1.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench