Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 11696 of 2021 Petitioner :- Smt. Gudiya And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- G.A.,Haidar Ali,Yadavendra Dwivedi Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Vijay Kumar, learned counsel for the petitioners and Sri Haidar Ali and Sri Yadavendra Dwivedi, learned counsels for the informant and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 13.11.2021 registered as Case Crime No. 0418 of 2021, under Sections 363, 366, 323 I.P.C., P.S.- Campierganj, District- Gorakhpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
It is submitted that the petitioners no. 1 and 2 are major and have married with each other out of their own free will and as such no offence is made out.
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 shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R.
Order Date :- 20.12.2021 Aditya