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PINKY versus STATE OF HARYANA & ANR.

High Court of Punjab and Haryana, Chandigarh

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Pinky v. State of Haryana & anr. - CRM-44558-M-2006 [2006] RD-P&H 4578 (21 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.Misc.No.44558-M of 2006

Pinky Vs. State of Haryana & anr.

Present : Mr.S.P.Chahar, Advocate, for the petitioner.

Mr. Deepak Girotra, AAG,Haryana.

Prayer in this petition is, for quashing of FIR No.409 dated 27.7.2001, registered under Section 10 of Haryana Development and Regulation of Urban Area Act,1975, at Police Station Civil Lines, Rohtak, on the plea that on the date of the alleged offence, the petitioner was a minor. As pointed out by counsel for the petitioner, the petitioner's date of birth is 30.1.1988 The complaint and the FIR are dated 19.7.2001 and 27.7.2001 respectively. Prima facie, on the date of the commission of the offence and the lodging of the FIR, the petitioner was a minor.

In this view of the matter, the present petition is disposed of, with liberty to the petitioner, to file an appropriate application before the trial Court, disclosing the aforementioned facts. In case, such an application is filed, the learned trial Court shall consider and decide the application, within one month of its filing. In case, the learned trial Court arrives at a conclusion that the petitioner was a minor on the date of the commission of the offence, it shall proceed thereafter, in accordance with law. Liberty is also granted to the petitioner to file an application, praying for exemption of her personal appearance. In case, such an application is filed, the same shall be considered and decided, within a week of its filing.

1.8.2006 ( RAJIVE BHALLA )

GS JUDGE


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