Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10886 of 2021 Petitioner :- Smt. Sangeeta and another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar 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.
This writ petition has been filed praying to quash the first information report dated 03.02.2021 registered as Case Crime No.0079 of 2021 under Sections 363, 120-B IPC, Police Station Shikohabad, District Firozabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Both the petitioners have stated that they are in living-in relationship and as such, no offence under Sections 363 and 120B IPC is made out against petitioner no.2.
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 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 also ensure medical age determination of petitioner No.1 and thereafter the investigating officer would proceed strictly in accordance with law.
For a period of five weeks from today, respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.
Order Date :- 23.12.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.12.24 09:59:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SUBHASH VIDYARTHI Date: 2021.12.24 10:00:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad