Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9857 of 2021 Petitioner :- Smt. Asha And Another Respondent :- State Of U.P Through Principal Secretary Home Lknw And 2 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 27.9.2021 registered as Case Crime No. 289 of 2021, under Section 366 I.P.C., P.S.- C.B.Ganj, District-Bareilly .
Both the petitioners are major and have married with each other out of their own free will and as such no offence under Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed of with a direction to the petitioner No. 1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event the petitioner No. 1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 A.K.Srivastava Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.26 17:26:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.26 17:28:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad