Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1563 of 2019 Petitioner :- Smt. Ruby And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Learned A.G.A. has accepted notice on behalf of respondent no. 1,2 and 3.
Issue notice to respondent no.4, Smt. Mamta Devi Six weeks time is accorded to the respondents to file counter affidavit.
Two weeks time, thereafter is accorded to file rejoinder affidavit.
List after eight weeks.
On the matter being taken up today, petitioner no.1, Smt.Ruby and petitioner no.2, Shashi Kapoor @ Jaihind are present in the Court and they have been identified by their counsel and they are contending that they are major and on their own freewill petitioner no.1, Smt.Ruby has left her parental house and has entered into matrimonial alliance with petitioner no.2, Shashi Kapoor @ Jaihind and as such, lodging of F.I.R. has to be accepted as misuser of criminal forum. Reliance in this regard has been placed on the judgement of Apex Court in Criminal Appeal No. 1142 of 2013, Sachin Pawar Vs. State of U.P. decided on 02.08.2013.
Prima facie arguments advanced appears to have some substance and requires consideration by this Court and as such, this Court proceeds to direct that pursuant to impugned F.I.R. dated 02.12.2018 registered as Case Crime No. 300 of 2018 u/s 363, 366 I.P.C. and 3/4 POCSO Act, P.S.- Barhaj, District- Deoria, no coercive action be taken.
Order Date :- 22.1.2019 T.S.