Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 23958 of 2018 Petitioner :- Shubham Singh @ Chikki And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Brij Raj Singh,Ajay Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Learned counsel for the petitioners contends that the daughter of the respondent no.3 is major as per her Aadhar Card, copy of which has been annexed as annexure-7 to the writ petition and had married the petitioner no.1 out of her own free will and consent and both them are living together as husband and wife and since the respondent no.3 was not happy with the marriage, therefore initiated the present prosecution which is bad in law, as has been held by the Supreme Court in the case of Sachin Pawar Vs. State of U.P. in Criminal Appeal No. 1142 of 2013 decide on 2.8.2013. It is further contended that even if the entire allegations made in the first information report are taken on their face value and left un-rebutted, no offence is disclosed against the petitioners.
The submission made by learned counsel for the petitioners, prima facie appears to have force. substance. The matter requires consideration.
Learned A. G. A. has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed four weeks' time to file counter affidavit.
Issue notice to the respondent no. 3 indicating therein that he may file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioners shall not be arrested pursuant to the impugned FIR dated 8.8.2018 lodged in Case Crime No.039 of 2018, under Sections 363, 366, 376, 323, 506, 342, 120B IPC and Section 3/4 POCSO Act., Police Station Pakdi, District- Ballia.
Order Date :- 30.8.2018 Junaid