Hon'ble Bachchoo Lal,J.
The petition seeks issuance of a writ in the nature of certiorari quashing first information report dated 10.01.2016 registered as Case Crime No.09 of 2016, under Sections 363, 366 I.P.C., Police Station Tal Katora, District Lucknow.
Contention of learned counsel for the petitioners is that the petitioner no.2 got married to petitioner no.1. The marriage has not been accepted by respondent no.4. Under these circumstances, impugned criminal proceedings have been initiated, although crime has not been committed.
Issue notice to respondent no.4 returnable on 17.02.2016.
Petitioner no.2 is directed to appear in the court of Chief Judicial Magistrate, Lucknow on 10.02.2016 at 10:00 a.m. Investigating Officer shall also appear in the court to ensure that statement of petitioner no.2 is recorded under Section 164 Cr.P.C. The ossification test of the petitioner no.2 shall also be conducted.
Let counter affidavit be filed.
List on 17.02.2016.
Arrest of the petitioners shall remain stayed till the next date of listing.
The petitioners are directed to join investigation.
Order Date :- 2.2.2016 Jitendra