Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12421 of 2021 Petitioner :- Annu Bharti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A. Shri Amar Nath Tiwari appears for the complainant.
Present writ petition has been preferred for quashing the FIR dated 11.12.2021 being Crime No.0146 of 2021 under Section 363 IPC, P.S. Parsamalik, Distt. Maharajganj and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.
As per para 6 and 7 of the writ petition it is specifically averred that both the petitioners are major and are living in relationship out of their own free will and as such no offence under the aforesaid Section 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 a week 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, thereafter, the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, the petitioners shall not be arrested pursuant to aforesaid FIR.
Order Date :- 21.12.2021 SP/