Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3624 of 2021 Petitioner :- Rachna And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Radhey Shyam Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
By means of present petition, petitioners have challenged the impugned FIR dated 4.4.2021 registered as Case Crime No.79 of 2021, under Sections 366 IPC, Police Station Kampil, District Farrukhabad.
Prima facie, it appears that petitioner nos. 1 and 2 have entered into wedlock. This Court feels that the police authorities will investigate the matter and will get recorded the statement of the alleged victim by a magistrate under Section 164 Cr.P.C. and after getting the statement of the alleged victim recorded will act as per law and if the investigating authority feels that it is necessary to ascertain the age of the alleged victim then she may be medically examined. Police shall complete the investigation in just manner.
This exercise may be undertaken after the pandemic is eased or certain relaxation is provided in the pandemic.
The petitioners shall appear before the police authorities within one month, if there is no Covid related curfew.
The accused who has entered into the wedlock with the victim and has prima facie proved the case in view of the latest decision of the Apex Court, may not be coercively with till then.
With these observations, this petition stands disposed of without notice to the respondent no.3.
Order Date :- 13.5.2021/Mukesh Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.13 16:16:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.13 16:18:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad