Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 8259 of 2021 Petitioner :- Rahul Verma And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vinod Kumar Pandey Counsel for Respondent :- G.A.,Ankit Kapoor
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,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 No. 160 of 2021 dated 17.8.2021, under Sections 366 & 120-B I.P.C., P.S.- Industrial Area, District- Prayagraj.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under Sections 366 & 120-B I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to respondent no.3 to produce Reena Dwivedi, D/o Ashok Kumar Dubey, before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within a week from today. In the event Reena Dwivedi 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.
Order Date :- 28.9.2021/vkg