Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12729 of 2021 Petitioner :- Smt. Rohinee Vishwakarma And Another Respondent :- State Of U.P Through Its Secretary Home And 3 Others Counsel for Petitioner :- Suresh Singh,Rishi Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 20.11.2021 being Case Crime No.0639 of 2021 under Section 366 IPC, P.S. Rath, Distt. Hamirpur.
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 Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed of 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, thereafter, the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, the petitioners shall not be arrested pursuant to aforesaid FIR.
Order Date :- 24.12.2021 SP/ Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 16:10:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 16:10:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad