Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7055 of 2021 Petitioner :- Sanoj Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and Mrs. Archana Singh, learned A.G.A.
This writ petition has been filed praying to quash the impugned first information report dated 26.03.2021 registered as Case Crime No. 216 of 2021, under Section 366 I.P.C., P.S.- Kotwali Kannauj, District- Kannauj.
Both the petitioners are major as per High School Certificate (Annexure No. 2 to the writ petition) 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. Moreover, the marriage is registered on 15.4.2021. Copy of the marriage registration certificate is annexed as Annexure No. 3 to the writ petition.
Be that as it may, the writ petition is disposed off with a direction to the petitioner No. 2 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. 2 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 three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 24.8.2021 A.K.Srivastava