Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 17553 of 2020 Petitioner :- Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Omvir Singh Rajpoot Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying to quash the first information report dated 18.11.2020 registered as Case Crime No. 0400 of 2020, under Sections 363, 366, 506, 504 I.P.C. and 3(2)(Va) of S.C./S.T. Act, P.S.-
Akarabad, District- Aligarh.
In support of his submission, learned counsel for the petitioners states that date of birth of the petitioner no. 1 is 15.7.1999 as per school leaving certificate. 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 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 a week 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 one week, no coercive action shall be taken against the petitioners.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 A.K.Srivastava