Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6286 of 2021 Petitioner :- Abhilash Yadav @ Ajeet Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Singh,Yogendra Yadav Counsel for Respondent :- G.A
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and the learned A.G.A. This writ petition has been filed praying for the following reliefs:
"I. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 03.09.2020, registered as Case Crime No. 0143 of 2020, Under sections 366, 504, 506 IPC, Police Station - Tarkulwa, District - Deoria (Annexure No. 1 to this writ petition).
II. Issue a writ order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of the impugned first information report dated 03.09.2020, registered as Case Crime No. 0143 of 2020, Under sections 366, 504, 506 IPC, Police Station - Tarkulwa, District - Deoria."
Learned counsel for the petitioner states that the petitioner has married with the victim - Sweta Yadav, D/o Shri Hare Ram Yadav, resident of Village - Belahi, Police Station - Tarkulwa, District - Deoria and both are major and have married with each other out of their own free will.
Be that as it may, the writ petition is disposed of with a direction to the petitioner and the respondent no. 3 to produce the victim - Sweta Yadav before the Chief Judicial Magistrate, Deoria for recording her statement under Section 164 Cr.P.C., within a week from today. In the event the victim - Sweta Yadav 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 two weeks, no coercive action shall be taken against the petitioner pursuant to FIR No. 0143/2020 dated 03.09.2020, under sections 366, 504 & 506 IPC, Police Station - Tarkulwa, District - Deoria.
Order Date :- 19.8.2021 Amit Mishra