Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12477 of 2021 Petitioner :- Dharmendra Alias Kanhaiya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Pati Tiwari 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.
Present writ petition has been preferred for quashing the FIR dated 26.09.2021 being Case Crime No.269 of 2021 under Section 363, 366 IPC, P.S. Achalda, Distt. Auraiya and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
Learned counsel for the petitioner states that the petitioner as well as Aarti-daughter of the complainant are living together out of their own free will and as such this Court may come for rescue and reprieve of the petitioners.
Be that as it may, the writ petition is disposed of with a direction to Aarti-daughter of complainant 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 she 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 her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, the petitioner shall not be arrested pursuant to aforesaid FIR.
Order Date :- 22.12.2021 SP/