Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16888 of 2019 Petitioner :- Shakina And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Upendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
In compliance with the order dated 18.06.2019, the petitioner Shakina has been medically examined by a Board of Doctors whose report has been submitted to us in a sealed cover which is opened under orders and the same is exhibited and made part of the record.
We have perused the report submitted by the Chief Medical Officer and his Board of Doctors dated 19.06.2019 relating to the age of Smt. Sakina. The Board of Doctors upon an ossification test have found her age to be about 25 years. She is, thus, clearly a major.
Heard Shri Upendra Kumar Singh, learned counsel for the petitioners, Shri Vinod Kant, learned Additional Advocate General assisted by Shri Deepak Mishra appearing on behalf of State of U.P.
This petition has been filed seeking to challenge the FIR dated 7.6.2019 giving rise to Case Crime No.419 of 2019 under Sections 363, 366, 504, 506 I.P.C., PS- Izzatnagar, District- Barielly.
The submission of learned counsel for petitioners is that the first petitioner Smt. Sakina has married the second petitioner of her free will but respondent No.4 who is her mother has reported the parties to the police leading to the impugned FIR. Upon the record, there being no clear evidence as to her age, we referred the petitioner for her medical examination by a Board of Doctors to be constituted by the Chief Medical Officer, Prayagraj and the result of the medical examination has been detailed above.
This petition is supported by a joint affidavit of Smt. Sakina and her husband Imran Hussain-petitioner No.2. The first petitioner has been identified by Shri Upendra Kumar on the basis of papers produced in this case in his Chambers.
We have proceeded to ascertain facts whether Smt. Shakina has married the second petitioner of her free will or she has been enticed away.
We ascertained her wish where she has clearly stated before us that she wants to go with her husband-Imran Hussain whom she has married and has not been abducted or enticed away.
Learned counsel for the petitioners has also pointed out that the Nikahnama dated 31.5.2019 shows that they have married according to Muslim Rites.The said marriage has also been registered under Uttar Pradesh Marriage Registration Rules with the Registrar concerned at Ghaziabad. A copy of the said certificate is on record as Annexure-3.
A prima facie case is made out. Admit.
Issue notice returnable on 9th August, 2019. Steps be taken within a week.
List on 9th August, 2019.
Meanwhile, pending investigation, the petitioners shall not be arrested by the police in connection with Case Crime No.419 of 2019 under Sections 363, 366, 504, 506 I.P.C., PS- Izzatnagar, District-Barielly.
However, the investigation will go on and the protection granted by this order will not operate once a police report under Section 173(2) Cr.P.C. is filed.
Order Date :- 20.6.2019 Jyotsana