Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17594 of 2020 Petitioner :- Shoyab @ Guddu Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ram Kumar Sinha Counsel for Respondent :- G.A.,Anup Dhar Dubey
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and the learned counsel for State.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 17.8.2020 in respect of Case Crime No.292 of 2020 for the offence under Sections 363, 366, 368, 376 IPC and 7/8 POCSO Act, Police Station Adampur, District Amroha.
In similar matter, a coordinate Bench of this Court in Criminal Misc. Writ Petition No.16314 of 2020 passed an order day before yesterday, that the petitioner has every right to live together. The respondent no.4 is the brother of girl.
The petition is disposed of at this stage.
The petitioner may move the Court below as expeditiously as possible so as to get himself enlarged on bail / anticipatory bail for the offences which he is alleged to have committed.
On his filing of such application, the Court below may consider the case on its merits and decide the same within four weeks thereafter on merits.
Needless to state that in the eventuality of filing any anticipatory bail application by the petitioners before the competent court of jurisdiction, the said court shall decide the same considering all the aspects of the matter including the fact that petitioners have performed marriage.
It is made clear that this Court has not expressed any opinion on the merits of the case and the competent court to act in accordance with law.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021/Mukesh