Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12237 of 2021 Petitioner :- Rekha Yadav And 2 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying to quash the first information report dated 1.11.2021 registered as Case Crime No. 752 of 2021, under Sections 363, 366-A I.P.C., P.S.- Kasia, District- Kushinagar (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 363, 366-A 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 two weeks 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.
Order Date :- 17.12.2021 A.K.Srivastava