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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20486 of 2025 Court No. - 44 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Mr. Anurag Mishra, learned counsel for the petitioner, Mrs. Archana Singh, learned A.G.A.-I for the State and, Mr. Bhupendra Kumar Pandey, learned counsel for the informant.
2. Present petition has been filed seeking quashing of the First Information Report dated 03.07.2025 registered as Case Crime No. 261 of 2025, under Section 137 (2) Bhartiya Nyay Sanhita (B.N.S.) 2023, Police Station Mauaima, District Prayagraj.
3. Submission is, the present petitioner is below 18 years of age. Relying on his Class VIII Marksheet, it has been contested, he was below 17 years of age on the date of occurrence.
4. Seen in that light, it has been further stressed, the offence alleged is punishable for imprisonment not exceeding seven years. Therefore, extra- ordinary jurisdiction of the Court has been invoked to protect the rights of the minor.
5. On the other hand, upon instructions received, learned A.G.A. states, during investigation, statement of the victim girl has been recorded under Section 183 of Bhartiya Nyay Sanhita (B.N.S.) 2023 wherein she has made allegations of rape. Accordingly, section addition has already been made. Matter is still pending.
6. Considering the objections thus raised, at present, factual disputes are Versus Counsel for Petitioner(s) : Anurag Mishra Counsel for Respondent(s) : Bhupendra Kumar Pandey, G.A., Pradeep Kumar Sahu Karan Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
involved that may not be gone into in writ jurisdiction, specially, pending police investigation.
7. As to the rights of the present petitioner who is described to be minor, we leave it open to the petitioner to claim those rights, in accordance with law. We also expect with the State Authorities to act mindful of the rights of the petitioner, if he is found to be minor.
8. Leaving those courses open, interference claimed in the present writ petition is declined.
9. Accordingly, present petition is dismissed, leaving it open to the police authorities to conduct the investigation strictly in accordance with law, without being prejudiced by any observation made in this order. September 19, 2025 Prakhar CRLP No. 20486 of 2025 2 (Tej Pratap Tiwari,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- PRAKHAR SRIVASTAVA High Court of Judicature at Allahabad