Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12585 of 2021 Petitioner :- Smt. Raveena And 3 Others Respondent :- State Of U.P Thru Secretary Home Lknw. And 3 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; Sri Amrendra Nath Rai, learned counsel for the respondent no. 4 and the learned A.G.A. for the State-respondents.
This writ petition has been filed praying to quash the first information report dated 8.9.2021 registered as Case Crime No. 0123 of 2021, under Sections 504, 506, 452, 120-B, 365 I.P.C., P.S.- Pawai, District- Azamgarh (Annexure No. 1).
Learned counsel for the petitioners in support of submission contends that first and second petitioners are major and have married with each other out of their own free will and as such no offence under Sections 504, 506, 452, 120-B, 365 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 also ensure age determination of petitioner No. 1 through medical examination within two weeks and thereafter the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 10:15:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 23.12.2021 A.K.Srivastava Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 10:16:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad