Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12570 of 2021 Petitioner :- Seema and 3 others Respondent :- State Of U.P. and 2 Others Counsel for Petitioner :- Amar Singh Yadav,Vivek Srivastava Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners; learned A.G.A. for State respondent nos.1 and 2 and Shri Vivek Srivastava, learned counsel for the complainant/respondent no.3.
This writ petition has been filed praying to quash the first information report dated 28.11.2021 registered as Case Crime No.610 of 2021 under Sections 363, 366 IPC, P.S. Gunnau, District Sambhal. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners have stated that the petitioner nos.1 and 2 are in living-in relationship and as such, no offence under Sections 363 and 366 IP are made out against the petitioners.
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 petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.
Order Date :- 23.12.2021 RKP