Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12760 of 2021 Petitioner :- Dinesh @ Golchacha Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra 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.
This writ petition has been filed praying to quash the impugned First Information Report dated 05.10.2021 registered as Case Crime No. 309 of 2021, under Section 363, 366 I.P.C., P.S.- New Agra, District-Agra and further not to arrest the petitioner in the aforesaid case crime number.
Learned counsel for the petitioner in support of his submission placed the bail order passed by the Additional Sessions Judge, Court No.1, Agra whereby the co-accused Smt. Gayatri Devi has been enlarged on bail. Learned counsel for the petitioner states that the statement of prosecutrix under Section 164 Cr.P.C. in which she has categorically stated that she has left her home on her own free will and no wrong has been committed to her. Both the petitioner and the prosecutrix 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 of with a direction to the Investigating Officer to proceed in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioner.
Order Date :- 24.12.2021 Ashish Pd.