- (1.) The writ petition is made basically for the following reliefs amongst others; (A) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report lodged at Case Crime No. 257 of 2006 under Sections 363, 366, 352, 504, 506 I.P.C. Police Station Gangoh, District Saharanpur (Annexure No. 1 to the writ petition). (B) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners with reference to Case Crime No. 257 of 2006 under Sections 363, 366, 352, 504, 506 I.P.C. Police Station Gangoh, District Saharanpur. 7
(2.) An F.I.R. has been lodged on 2nd September,2006 by one Safdar, the respondent No. 4 herein saying that Afzal alias Mohd. Afzal, kidnapped Km. Nausheeda, on 8th August,2006, who is allegedly about 15 years of age.
(3.) In the writ petition, the concerned girl Nausheeda is the petitioner No. 1 when the accused Afzal is the petitioner No. 2 along with others. The writ petition is supported by the affidavit of Nausheeda herself describing her age is 22 years. The writ petition is supported by various annexures including annexure 3 which is very relevant for the purpose of due consideration. Such annexure is a certificate of the concerned Chief Medical Officer (hereinafter called as C.M.O.) Saharanpur dated 22nd September, 2006 on the basis of the order dated 18th September, 2006 of the Additional Disitrict Magistrate, Administration, Saharanpur. It is stated therein that the girl was present for examination. The examination was done. According to her own statement the age is 22 years. On the physical appearance the C.M.O. certified that her age is about 20/22 years.;