Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 691 of 2020 Petitioner :- Smt. Lakshmi Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Kumar Srivastava Counsel for Respondent :- G.A.,Sheel Kumar Ojha,Tarun Jha
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
This writ petition has been filed praying to quash the first information report dated 01.12.2019 in Case Crime no.179/2019 under Section 366 IPC, P.S. Gohan, District Jalaun.
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 Section 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.1-Smt. Lakshmi Devi to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., within one week from today. In the event, petitioner no.1-Smt. Lakshmi Devi 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 also ensure medical age determination of petitioner no.1-Smt. Lakshmi Devi within two weeks thereafter 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 petitioners alongwith 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 :- 22.9.2021 A. Pandey