Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20089 of 2018 Petitioner :- Sunil Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Dwivedi 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.
Learned counsel for the petitioners contends that the education documents of the petitioner no.2 is with her parents, therefore the same could not be appended with the present petition. Learned counsel further contends that petitioner no.2 is major as per Adhar Card, copy of the which is annexed as Annexure-1 to the writ petition and had married with the petitioner no.1 out of her own free will and consent and both them are living together as husband and wife, since the respondent no.3 was not happy with the marriage, therefore initiated the present prosecution which is bad in law and is against the settled principle of law as laid down by Hon'ble Apex Court in the matter of Sachin Pawar State of U.P. passed in Criminal Appeal No. 1142 of 2013, decided on 02.08.2013. 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 17.07.2018 lodged in Case Crime No. 419 of 2018, under Sections 366 I.P.C., Police Station Baldev, District Mathura.
Order Date :- 26.7.2018/S.Ali