Hon'ble Bachchoo Lal,J.
The petition seeks issuance of a writ in the nature of certiorari quashing the impugned first information report in Case Crime No.319 of 2015, under Sections 363, 366 I.P.C. and 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Safadarganj, District Barabanki.
It has been argued that petitioner no.2 willingly got married to petitioner no.1. Petitioner no.2 has not been kidnapped, nor induced to get marriage. Offence has not been committed.
It has been argued that marriage of the petitioners has not been accepted by the respondent no.4, therefore, impugned criminal proceedings have been initiated.
Issue notice to respondent no.4 returnable on 02.03.2016.
Investigating Officer is directed to ensure that statement of petitioner no.2 is recorded under Section 164 Cr.P.C. and her medical age is determined. Counter affidavit, accordingly be filed.
Arrest of the petitioners shall remain stayed till the next date of listing.
The petitioners are directed to join investigation.
The petitioner no.2 is directed to remain present in the court of Chief Judicial Magistrate, Barabanki on 15.02.2016 at 10:00 a.m. so that her statement under Section 164 Cr.P.C. can be recorded. Investigating Officer of the case is also directed to remain present in the said court so that needful can be done and ossification test of respondent no.2 can also be conducted.
List on 02.03.2016.
Order Date :- 4.2.2016 Jitendra