Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 7304 of 2021 Petitioner :- Anoop Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kulashvar Sharma Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash first information report dated 13.08.2021 registered with case crime no. 0049 of 2021 Under Section 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Myorpur District Sonbhadra.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction that the petitioner No.2 shall appear/ shall be produced by the respondent No.3 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 shall pass appropriate orders in accordance with law.
For a period of two weeks, no coercive action shall be taken against the petitioners.
Order Date :- 21.9.2021 NLY