PIYUSH VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, petitioner has put to challenge the impugned FIR No.0117 of 2025 dtd. 23/10/2025, for the offences punishable under Ss. 109, 190, 191(2), 191(3), 324(4) of the BNS, 2023, registered with Police Station Kaladhungi, District Nainital and further prayed for a direction to respondent No.3 not to arrest the petitioner pursuant to the aforesaid FIR.

(2.) It is contended by learned counsel for the petitioner that the petitioner-Piyush Verma is a minor aged about 16 years and in proof of the said contention, he annexed the high school mark sheet of the petitioner as Annexure No.2, according to which, the date of birth of the petitioner is 26/5/2009. According to the contents of FIR, on the date of alleged incident, the petitioner is admittedly a minor.

(3.) Since, prima-facie the petitioner appears to be a minor, therefore, he cannot be arrested by the police rather he should be dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.