Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20059 of 2019 Petitioner :- Smt. Shahnaz And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mahendra Tripathi, learned counsel for the petitioners, Sri G.P. Singh, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned counsel for the petitioner submits that the victim-petitioner no.1 is a major girl aged about 18 years as per FIR itself. It is further submitted that the victim has voluntarily eloped with petitioner no.2 on her own sweet will.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 3 and submitted that the victim is at the verge of attaining majority.
Issue notice to respondent no. 4 Each of the respondent is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within two weeks thereafter. List after six weeks.
Till the next date of listing or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier, the arrest of the petitioners in case crime no. 192 of 2019 under sections 364 I.P.C., police station Sadabad, District Hathras shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Deepika