Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6337 of 2021 Petitioner :- Smt. Santoshi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,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 No. 0123 of 2021 dated 16.07.2021, under Section 366 I.P.C., P.S.- Madhogarh, District- Jalaun.
It is stated that petitioner nos. 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 a week from today. In the even 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 one week, no coercive action shall be taken against the petitioners.
Order Date :- 13.8.2021 Pkb/