Disposed

Sandhya Devi and Another v. State of U.P. and 3 Others

Allahabad HC16 Jul 2021CRLP/4229/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking quashing of an FIR and stay on arrest. The court directed the petitioners to appear before the Child Welfare Committee for age determination under Section 94 of the JJ Act, 2015, and stayed coercive action for two weeks.

What did the court decide?

Petitioners directed to appear before Child Welfare Committee for age determination; coercive action stayed for two weeks; petition disposed.

Sandhya Devi and Another Vs State of U.P… — Child Custody and Guardianship | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4229 of 2021

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Petitioner :- Sandhya Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Kumar Gour Hari Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Sudhanshu Kumar Gour Hari, learned counsel for the petitioners and Sri Patanjali Mishra, learned AGA for State.

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The writ petition has been filed inter alia for the following relief:

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(i) issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 27.5.2021 lodged by respondent no. 4 bearing Case Crime No. 0125 of 2021, under Section 363, 366, 506, 504 IPC, P.S. Bhoota, Distt. Bareilly (Annexure No.1 to the writ petition).

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(ii) issue a writ, order or direction in the nature of Mandamus commanding the respondents not to arrest the petitioners in pursuance of First Information Report dated 27.5.2021 lodged by respondent no. 4 bearing Case Crime No. 0125 of 2021, under Section 363, 366, 506, 504 IPC, P.S. Bhoota, Distt. Bareilly.

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In the F.I.R., it has been alleged that victim i.e. petitioner no.1 is minor.

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Considering the facts and circumstances of the case and with the consent of the learned counsel for the parties, the writ petition is disposed off with direction that petitioner no.1 shall appear before Child Welfare Committee, Bareilly within two weeks from today along with copy of this order and thereupon the Child Welfare Committee shall determine her age in accordance with the provisions of Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 and thereafter proceed in accordance with law.

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For a period of two weeks, no coercive action shall be taken against the petitioners.

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Order Date :- 16.7.2021 Rahul Dwivedi/-

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Digitally signed by Justice Surya Digitally signed by Justice Piyush Prakash Kesarwani Agrawal Date: 2021.07.16 14:59:39 IST Date: 2021.07.16 15:00:11 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Sandhya Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sandhya Devi and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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