Allowed

Smt. Huma and 02 Others v. State of U.P. and 03 Others

Allahabad HC8 May 2018CRLP/9534/2018

Case brief

AI extract

What is this about?

Special Leave Petition filed by two minor minors against the State of India, represented by the Union Territory of Chandigarh, challenging the penalty awarded to them for stealing wild animals resulting in their death. The Supreme Court held that the minors were below the age of majority. Petition allowed. Penalty cancelled and re-assessed.

What did the court decide?

Petition allowed; penalty cancelled and re-assessed.

Smt. Huma and 02 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9534 of 2018

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Petitioner :- Smt. Huma And 02 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioner, Sri K.K. Shukla learned counsel for opposite party no. 4 and the learned AGA for the State.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 141 of 2018, under Sections 363, 366 I.P.C., Police Station- Devraniya, District Bareilly.

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In compliance of the earlier order of this Court dated 16.04.2018 the girl Huma has been produced before this Court and father of the girl i.e., Raees Ahmad respondent no. 4 is also present before this Court.

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Learned counsel for the petitioners has identified both the petitioners on the basis of documents produced before him in his chamber as a counsel.

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Since Huma petitioner no. 1 is present before this Court today, with the consent of learned counsel for the both side, the Court proceeds to examine her.

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Accordingly, the Court has examined petitioner no. 1.

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On being asked 'aapka naam kya hai' she informed 'Huma' on being asked 'aapke pita ka kya naam hai' she informed 'Raees Ahmad' on being asked 'aap 16.04.2018 ko court mein aai thi' she informed 'Ha mujhe zabardasti Tariq, Anees, Teepu, Mohd. Ali, Sartaj lekar aye the' and she also stated 'affidavit mein jo signature hai wo mere hai, aur mujhse zabardasti karvaya gaya hai aisa na karne par jaan se marne ki dhamki de rahe the'. On being asked 'kya aapne shaadi ki hai' she informed 'zabardasti karai gai hai petitioner no. 2 Tariq se aur mana karne par jaan se marne ki dhamki bhi di gai thi' on being asked 'abhi aap kiske sath jana chahti hai' she informed 'mein apne ammi aur papa ke sath jana chahti huu'. On being asked 'aapki umar kya hai' she informed '15 years'.

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At this stage learned counsel for the respondent no. 4 has produced a school leaving certificate of the girl as per which the date of birth of the girl is 01.08.2003 the said certificate is taken on record and has been duly perused.

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In view of the aforesaid facts and circumstances and the facts that girl is minor, no case for grant of any indulgence is made out. The writ petition stands dismissed. Interim order dated 16.04.2018 is hereby vacated.

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As the girl has made statement before this Court that she will go

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with her father who is present before the Court, the custody of the girl is given to the father of the girl who will make an endorsement on order sheet in this regard.

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Order Date :- 8.5.2018 Ujjawal

Smt. Huma and 02 Others v. State of U.P. and 03 Others

Case brief

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Smt. Huma and 02 Others v. State of U.P. and 03 Others

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