Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7927 of 2021 Petitioner :- Smt. Karishma And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- G.A.,Ray Sahab Yadav
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Sri Rajesh Kumar, learned counsel for the petitioners, Sri Ray Sahab Yadav, learned counsel for the respondent No.4 and learned A.G.A. for the State-respondent.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 3.8.2021, in Case Crime No. 346 of 2021, under Sections 366, 363 of IPC, Police Station- Ajitmal, District Auraiya.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 2 and 3 not to arrest the petitioners in pursuance of the first information report dated 3.8.2021, in Case Crime No. 346 of 2021, under Sections 366, 363 of IPC, Police Station- Ajitmal, District Auraiya."
Learned counsel for the petitioners submits that petitioner Nos. 1 and 2 have solemnized marriage with each other out of their own free will and as such no offence under Section 366 and 363 I.P.C. is made out. Date of birth of Petitioner No. 1 is mentioned as 10.7.2003. She is major.
Learned counsel for the respondent No.4 has vehemently opposed the writ petition.
Be that as it may, the writ petition is disposed off with a direction to petitioner no. 1 to appear before the Chief Judicial Magistrate, concerned, for recording her statement under Section 164 Cr.P.C., within a week 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 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 :- 23.9.2021 Kamarjahan