Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12213 of 2021 Petitioner :- Akash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brajesh Kumar Solanki Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed praying to quash the first information report dated 17.11.2021 in Case Crime no.452/2021 under Section 366, 352, 506 IPC, P.S. Civil Lines, District Budaun.
Learned counsel for the petitioner submits that daughter of complainant namely Yogita and petitioner, being major, have married with each other out of their own free will and as such no case under the aforesaid sections is made out.
Be that as it may, the writ petition is disposed off with a direction to Ms. Yogita d/o Shri Hari Shankar to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., within ten days from today. In the event, Ms. Yogita d/o Shri Hari Shankar 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. in further two weeks period and thereafter the Investigating Officer shall proceed in accordance with law.
For a period of five weeks, the respondents are restrained to arrest the petitioner pursuant to first information report dated 17.11.2021.
Order Date :- 17.12.2021 A. Pandey