Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12206 of 2021 Petitioner :- Smt. Rupali Devi And Another Respondent :- State Of U.P Thru Secretary Home Lknw. And 3 Others Counsel for Petitioner :- Jai Singh Parihar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and Mr. Mohd. Shoeb Khan, learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 13.11.2021 registered as Case Crime No. 627 of 2021, under Section 366 I.P.C., P.S.-Rath, District- Hamirpur.
Both the petitioners 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 she 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, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Order Date :- 16.12.2021 A.K.Srivastava Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.16 15:44:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.16 15:46:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad