Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12488 of 2021 Petitioner :- Smt. Sonam Chauhan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudheer Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed praying to quash the impugned First Information Report dated 8.9.2020 registered as Case Crime No. 0196 of 2020, under Sections 363, 366, 120B I.P.C. and 7/8 POCSO Act, P.S.- Jahanaganj, District- Azamgarh.
Both the petitioners are major and have married with each other out of their own free will and as such no offence under Section 363, 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to the petitioner No. 1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event the petitioner No. 1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and thereafter the Investigating Officer shall proceed strictly in accordance with law.
For a period of five weeks, respondents are restrained to arrest the petitioners pursuant to the impugned FIR subject to cooperation in the on-going investigation.
Order Date :- 22.12.2021 A.K.Srivastava