Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26429 of 2018 Petitioner :- Akhilesh @ Akhilesh Singh And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rajeev Upadhyay Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 and 2. Issue notice to respondent no. 3, Smt. Chanmati Devi.
Six weeks' time is accorded to the respondents to file counter affidavit. Two weeks' time, thereafter is accorded to file rejoinder affidavit.
List after eight weeks.
On the matter being taken up today, petitioner no. 1, Akhilesh @ Akhilesh Singh and petitioner no. 2, Smt. Sindhu are present in the Court and they have been identified by their counsel and they are contending that they are major and on their own freewill petitioner no. 2, Smt. Sindhu has left her parental house and has entered into matrimonial alliance with petitioner no. 1, Akhilesh @ Akhilesh singh and as such, lodging of F.I.R. has to be accepted as misuser of criminal forum. Reliance in this regard has been placed on the judgement of Apex Court in Criminal Appeal No. 1142 of 2013, Sachin Pawar Vs. State of U.P. decided on 02.08.2013.
Prima facie arguments advanced appears to have some substance and requires consideration by this Court and as such, this Court proceeds to direct that pursuant to impugned F.I.R. dated 30.08.2018 registered as Case Crime No. 190 of 2018, under Sections 363, 366 I.P.C., P.S.- Raunapar, District- Azamgarh, no coercive action be taken.
Order Date :- 24.9.2018 M/A.