Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20050 of 2018 Petitioner :- Samreen Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Husain Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A.
Learned counsel for the petitioners contends that the petitioner no.1 is major as per High School mark sheet, copy of which is annexed as Annexure-3 to the writ petition and had married with the petitioner no.2 out of her own free will and consent and both them are living together as husband and wife, since the respondent no.3 was not happy with the marriage, therefore initiated the present prosecution which is bad in law and is against the settled principle of law as laid down by Hon'ble Apex Court in the matter of Sachin Pawar State of U.P. passed in Criminal Appeal No. 1142 of 2013, decided on 02.08.2013. It is further contended that even if the entire allegations made in the first information report are taken on their face value and left un-rebutted, no offence is disclosed against the petitioners.
The submission made by learned counsel for the petitioners, prima facie appears to have force. substance. The matter requires consideration.
Learned A. G. A. has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to the respondent no. 3 indicating therein that he may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR dated 15.06.2018 lodged in Case Crime No.422 of 2018, under Sections 363, 366 I.P.C., Police Station Civil Lines, District Aligarh.
Order Date :- 26.7.2018 S.Ali