Neutral Citation No. - 2025:AHC:50554-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6541 of 2025 Petitioner :- Mahabharat @ Dinesh Kumar Kushwaha @ Nankau And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Niraj Kumar Dwivedi 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 and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 15.03.2025 registered as Case Crime No.0048 of 2025, under Section 87 B.N.S., Police Station-Utraon, District-Ganganagar and not to arrest the petitioners pursuant to the said FIR. 3. The contention of learned counsel for the petitioners is that the petitioners do not have any complicity in the alleged crime. He next submitted that the victim girl has already been recovered and at present she is residing along with her parents. He submitted that petitioner no.1 and 3 are married persons and the impugned FIR has been lodged just in order to take money illegally from the petitioners. 4. Per contra, learned AGA though has resisted the relief as prayed for. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in (2018) 0 Supreme (SC) 1430 and judgment dated 18.7.2023 passed in Criminal Appeal No. 1898 of 2023 (P. Yuvaprakash vs. State Rep. By Inspector of Police) and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. In view thereof, we direct that victim girl/informant's daughter be produced before the Magistrate concerned, for recording her statement under section 183 B.N.S.S., 2023 and thereafter, she shall be brought before the Chief Medical Officer concerned by the I.O. of the case who shall constitute a panel of three doctors, for her age determination test (ossification test). Both these exercises must conclude within six weeks from today. 7. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation, however, the petitioners shall not be arrested during this period. 8. The arrest of the petitioners shall be subject to the 183 B.N.S.S., 2023 statement of the girl and her age. 9. In the event, it is found that she has attained the age of majority and her 183 B.N.S.S, statement favours petitioners, then the petitioners shall not be arrested till the submission of report by the police under section 193(3) B.N.S.S., 2023, and if it is found otherwise, the procedure of law would be followed against the petitioners and protection given to the petitioners by this order, would automatically stand vacated. 10. With this observation, the writ petition stands disposed of. Order Date :- 8.4.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad