Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9837 of 2021 Petitioner :- Danista And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Narayan 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.
This writ petition has been filed praying to quash the first information report dated 08.10.2021 registered as Case Crime No.327 of 2021 under Sections 366 IPC, Police Station Mainather, District Moradabad.
Both the petitioners have stated that they are in living-in relationship and as such, no offence under Sections 366 IPC is made out against petitioner no.2.
Be that as it may, the writ petition is disposed off 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 two weeks 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 also ensure medical age determination of petitioner No.1 and shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners.
Order Date :- 28.10.2021 Ashish Pd.