Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12442 of 2021 Petitioner :- Smt. Nainsi Bilthare And Another Respondent :- The State Of U P And 3 Others Counsel for Petitioner :- Dheeraj Singh (Bohra) Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Dheeraj Singh (Bohra), learned counsel for the petitioners and the learned A.G.A. for the State.
This writ petition has been filed praying to quash the impugned First Information Report dated 21.11.2021 registered as Case Crime No. 484 of 2021, under Sections 366, 504 and 506 I.P.C., P.S. Kotwali Nagar (Mahoba), District- Mahoba.
Both the petitioners no. 1 and 2 are major and have married with each other out of their own free will and as such no offence under Section 366, 504 and 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 shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R.
Order Date :- 22.12.2021 Ram Murti