BRIJESH KUMAR MISHRA v. STATE OF U.P. THRU. SECY. HOME DEPTT. CIVIL SECTT. AND OTHERS
CRLP/1408/2024 · 2025-10-31
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 182979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182979 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1408 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None for the petitioners. 3. This Court passed the following order on 27.2.2024:
"Heard Shri Krishna Gopal, learned counsel for the petitioner and learned A.G.A. for the State. The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0395 of 2023, under Sections 363, 366-A IPC, Police Station- Patti, District- Pratapgarh as also notice dated 15.02.2024 issued by Investigating Officer in Case Crime No. 395 of 2023 under Section 363, 376 IPC and Section 3/4 POCSO Act, Police Station- Patti, District- Pratapgarh. The contention of the petitioner's counsel is that in the first F.I.R. lodged by the father of the victim, her age is mentioned as 20 years, whereas, in the second F.I.R. she is mentioned as 17 years and in fact she is major and has married the petitioner. Let dasti notice be issued for service upon the opposite party no. 4 through the S.H.O. concerned. List/ put up on 20.03.2024. Let learned A.G.A. seek instructions as to the proof of age of the victim of the F.I.R. whether she is lodged in the Juvenile Home. If so, whether by an order of any CWC. If it is so, then, to place it before the Court. Considering the contention of the petitioners' counsel that in the first F.I.R. lodged by the father of the victim, her age is mentioned as 20 years, whereas, in the second F.I.R. she is mentioned as 17 years and in fact she is major and has married the petitioner, it is provided that if the victim is not minor, then, the petitioner shall not be arrested in Case Crime No. 0395 of 2023, under Sections 363, 366-A IPC, Police Versus Counsel for Petitioner(s) : Krishna Gopal, Paritosh Shukla, Sukh Deo Singh Counsel for Respondent(s) : G.A. Brijesh Kumar Mishra .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. And Others .....Respondent(s)
Station- Patti, District- Pratapgarh, till the next date of listing. "
4. Learned AGA on the basis of instructions dated 29.10.2025 received from SI, Kotwali Patti, Pratapgarh, a copy of which has been placed before the Court and is taken on record, submits that charge sheet no.
277/2024 dated 18.11.2024 has been filed in Special POCSO Court, Pratapgarh on 2.12.2024, therefore, this petition has lost its efficacy. 5. Dismissed accordingly. October 31, 2025 Fahim/- CRLP No. 1408 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench