AFTAB AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) SAKSENA and Chaubey, JJ. Heard.

(2.) THE First Information Report of Crime No. 17 of 1990 under Sec tions 363 and 366, Indian Penal Code, Police Station Jahanganj, District Farrukhabad, was read out before us. THE controversy in regard to age (whether Smt. Qamrunnisa was minor on relevnnt date, or had attained age of majority) cannot be determined in a petition under Article 226 of the Consti tution of India, it lies within the domain of Court in which the matter will come up finally, if a charge-sheet is submitted. THErefore, no case for quash ing the First Information Report of the said crime is made out. Further, the prayer that the arrest of the petitioner in the said crime be stayed, is also refused.

(3.) A copy of the order may be given to the learned counsel on payment of usual charges. Order accordingly. .