Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9838 of 2021 Petitioner :- Neelesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 21.9.2021 registered as Case Crime No. 169 of 2021, under Section 366 I.P.C., P.S.- Jasrathpur, District-Etah.
Both the petitioners 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 of 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.
Order Date :- 28.10.2021 Ashish Pd.