Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12483 of 2021 Petitioner :- Hajrat Ali And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- G.A.
Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 10:15:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; Sri Yadvendra Dwivedi, learned counsel for the respondent no. 4 and the learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 18.9.2021 registered as Case Crime No. 154 of 2021, under Sections 363, 366 I.P.C., P.S.- Marihan, District- Mirzapur.
Both the petitioners are marriageable age and they are in live-in relations and inclined to marry with each-other but certainly after appropriate conversion of religion as per law. In support of his submissions, he has placed reliance upon the order dated 18.11.2021 passed in bunch of matters leading Writ-C No. 14896 of 2021 (Mayra Alias Vaishnvi Vilas Shirshikhar And Another vs. State of U.P. and Others), wherein, civil protection is accorded with certain riders. In this backdrop, he submits that the petitioners are willing to surrender before the competent authority, in case, interim protection is accorded to them from arrest.
Be that as it may, the writ petition is disposed off with a direction to the petitioner No. 2 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 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 thereafter the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
A.K.Srivastava Order Date :- 22.12.2021 Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 10:16:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad