Hon'ble Aditya Nath Mittal,J.
1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 09.02.2016 lodged as Case Crime No.0025 of 2016, under Section 366 Indian Penal Code and Section 3 (2) (5) of Scheduled Caste and Scheduled Tribes Act, Police Station-Jaitpur, District-Ambekdar Nagar (Annexure No.1).
2. Sri Ram Kumar Maurya, Advocate has put in appearance for respondent No.4. His Power of Attorney is taken on record.
3. It has been pleaded on behalf of the petitioners that petitioner No.1 got married to petitioner No.2 of her free will and accord, and had not been kidnapped. The marriage has not been accepted by the respondent No.4, therefore, impugned criminal proceedings have been initiated although offence has not been committed.
4. Petitioner No.1 is directed to present herself in the court of Chief Judicial Magistrate, Ambedkar Nagar on 09.03.2016, at 10:00 a.m so that her statement under Section 164 Cr.P.C. can be recorded.
5. Station House Officer, Police Station-Jaitpur, District-Ambedkar Nagar is directed to ensure that Investigating Officer of the case also presents himself in the court of Chief Judicial Magistrate, Ambedkar Nagar to carry out order of this Court.
6. List on 14.03.2016.
7. Petitioners shall not be taken in custody, till the next date of listing. The petitioners are directed to join investigation.
8. Let the name of Sri Ram Kumar Maurya, Advocate be printed in the cause list, as counsel for the respondents, when the case is listed next.
Order Date :- 4.3.2016 Suresh/