Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12737 of 2021 Petitioner :- Neelu Tripathi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Sagar Verma,Dinesh 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 first information dated 15.10.2020, under Sections 363, 504, 506 I.P.C., P.S.- Bara, District- Prayagraj.
Both the petitioners have stated that they are major and have married with each other out of their own free will and they have also registered their marriage 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 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 the Investigating Officer shall proceed in accordance with law.
For a period of five weeks, petitioner shall not be arrested in pursuance of the impugned F.I.R.
Order Date :- 24.12.2021 pks