Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3620 of 2021 Petitioner :- Lalti Devi @ Sabina And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukesh Kumar Pandey,Bhupendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This writ petition has been filed by the petitioners with a prayer to issue a writ order, order or direction in the nature of certiorari to quash the impugned FIR dated 2.4.2021 registered as Case Crime No.222 of 2021, under Sections 366 IPC, Police Station Kotwali, District Fatehpur. Further prayer is that a direction be issue to the respondents not to arrest the petitioner no.2 in pursuant to the aforesaid FIR.
Prima facie petitioner no. 1 is the named prosecutrix, who has come before this Court, who is alleged to have been taken away by petitioner no. 2. This FIR has been filed by father of petitioner no.1 who is respondent no.3 to the present writ petition.
Having perused the documentary evidence available on record of this case, prima facie, the petitioner no. 1 appears to be not a minor and has entered into wedlock with the petitioner no.2, which is affirmed by her affidavit on non judicial stamp paper. At this juncture, instead of quashing the impugned FIR, we pass the following directions under Article 226 of the Constitution of India : -
a). The investigation of the FIR dated dated 2.4.2021 registered as Case Crime No.222 of 2021, under Sections 366 IPC, Police Station Kotwali, District Fatehpur shall go on.
b). The statement of the prosecutrix namely petitioner no.1 shall be recorded by a judicial officer which would be treated as a statement under Section 164 Cr.P.C.
c). If the Investigating Authority is satisfied that the prosecutrix namely petitioner no.1 needs to be medically examined, that exercise may also be completed.
Looking to the averments made in the petition, at this stage, the petitioner no. 2 shall neither be arrested nor coercively dealt with till the investigation is over.
We are passing this order in the peculiar facts and circumstances of this case.
With the aforesaid observations, the writ petition stands finally disposed of.
Order Date :- 13.5.2021 Mukesh Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 16:16:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 16:18:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad