Court No. - 49
Case :- APPLICATION U/S 482 No. - 6477 of 2021 Applicant :- Chinkulle @ Ar Mohammad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar,Yakub Ali Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Karunesh Pratap Singh, learned counsel for the applicants.
2. Learned counsel for the applicants submits that opposite party had lodged a FIR on 03.03.2019 registering Case Crime No.56 of 2019, under Sections 363, 366 and 3(1)(1) of SC/ST Act, Police Station Sonauli, District Maharajganj in regard to abduction of complainant's daughter.
3. It is submitted that complainant's daughter and applicant no.1, in this application, had approached a co-ordinate Bench of this Court by filing Writ-C No.9404 of 2019, wherein writ petition was finally disposed of with a direction that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners.
4. It is submitted that thereafter vide order dated 25.03.2019 passed by learned Additional Sessions Judge, FTC- I, Maharajganj and released the victim to reside wherever she wants on the basis of their statement that victim had performed marriage with applicant no.1 herein on 11.03.2019 and noting a fact that date of birth of the victim, as per her High School Certificate, is 13.09.1999.
5. It is submitted that soon after the release order, a complaint has been filed showing incident to have taken place on 30.03.2019 at Sahan of the complainant under Sections 323, 504, 506, 452, 352, 354B IPC and 3(1)(X) of SC/ST Act. It is submitted that this complaint is nothing but an act of vengeance, full of mala fide, inasmuch as if victim, who is daughter of the complainant, accepted applicant no.1 to be her husband and has entered into a marriage alliance, as a counterblast this complaint has been filed.
6. After hearing learned counsel for the applicants, issue notice to the respondent no.2 on payment of P.F. by registered post A.D. within seven days, returnable within four weeks.
7. List this case on 05.10.2021.
8. As an interim measure, it is directed that till the next date of listing, no coercive action shall be taken against the applicants.
Order Date :- 30.7.2021 Ravi/-