Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7449 of 2021 Petitioner :- Hasnain And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahboob Ahmad Siddiqui,Faizul Hasan Counsel for Respondent :- G.A.,Saiyad Iqbal Ahmed
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State- respondnets and Shri Saiyad Iqbal Ahmad, learned counsel for the complainant.
This writ petition has been filed praying to quash the first information report dated 28.07.2021 under Section 363, 366 I.P.C. vide case Crime No. 632 of 2021, Police Station-Civil Lines, District-Moradabad.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under Sections 363 and 366 I.P.C. is made out.
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 of her appearance 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. 2 and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 Deepak/