Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioner.
The relief sought in this petition is for quashing the FIR hregistered as case crime no.216 of 2009 under Sections 363 and 366 IPC, Police Station Phaphoond, district Auraiya.
Learned counsel for the petitioner submitted that Rajshri, the daughter of respondent no.4 is major and she married with petitioner Netrapal alias Kallan out of her own sweet-will.
Issue notice to respondent no.4, who may file counter affidavit within three weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within one week. List thereafter before appropriate Bench. The petitioner is directed to produce Rajshri before the concerned Magistrate within 15 days. The Magistrate concerned shall get Rajshri medically examined to ascertain her age. He shall also record her statement under Section 164 Cr.P.C after intimation to the complainant. The arrest of the petitioner is stayed for a period of one month. It shall not be treated as tied up or part heard with this Bench and shall stand released from the order of assignment.
Order Date :- 29.1.2010 Gaurav