Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6048 of 2021 Petitioner :- Rajat Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Govind Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
The impleadment application is allowed. Let necessary impleadment be carried out forthwith.
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 09.7.2021 registered as Case Crime No.0476 of 2021 under Sections 323, 504, 376-D, 506 & 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Kotwali-Orai, District Jalaun.
Both the petitioners have stated that they are in living-in relationship and as such, no offence under Sections 323, 504, 376-D, 506 & 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are made out against petitioner no.1.
Be that as it may, the writ petition is disposed off with a direction to the newly impleaded petitioner No.2 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.2 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 also ensure medical age determination of petitioner No.2 and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioner no.1.
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 person (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 computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 RKP