Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12779 of 2021 Petitioner :- Smt. Jyoti Devi @ Jyoti Kumari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Mani Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and Shri Atul Kumar Tiwari, learned A.G.A. for the State-respondents.
This writ petition has been filed praying to quash the first information dated 12.11.2021 registered as Case Crime No. 277 of 2021, under Sections 363, 366, 506 I.P.C., P.S.- Khampar, District- Deoria.
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, 366, 506 I.P.C. 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 thereafter the concerned Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks from today, the respondents are restrained to arrest the petitioners in the aforesaid case crime.
Order Date :- 24.12.2021 Jaswant