Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9137 of 2021 Petitioner :- Amit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Gupta 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.
This writ petition has been filed praying to quash the impugned First Information Report dated 04.06.2021 registered as Case Crime No. 0098 of 2021, under Sections 363, 366 I.P.C., P.S.- Gaura Badshahpur, District-Jaunpur.
The petitioner and prosecutrix are major and have married with each other out of their own free will and as such no offence under Sections 363 and 366 I.P.C. is made out.
Be that as it may, the statement of prosecutrix has already been recorded by the Magistrate on 16.09.2021, which is in favour of the petitioner. Therefore, the writ petition is disposed of with a direction to the Chief Judicial Magistrate concerned to pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioner.
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 :- 25.10.2021 Ashish Pd.