Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10090 of 2021 Petitioner :- Smt. Rukeyya And 3 Others Respondent :- State Of U.P. Thru Principal Secretary Home And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Mohd. Naushad Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; Sri V.M.Zaidi, learned Senior Advocate assisted by Sri M.J.Akhtar, learned counsel for the complainant and the learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 16.10.2021 registered as Case Crime No. 0339 of 2021, under Sections 366, 506 I.P.C., P.S.- Bhopa, District- Muzaffar Nagar.
Both the petitioners no. 1 and 2 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 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 pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners pursuant to the impugned F.I.R.
Order Date :- 29.10.2021 A.K.Srivastava Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.10.29 15:04:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.10.29 15:05:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad