Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 18109 of 2019 Petitioner :- Smt. Tulsi Devi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Kumar Singh,Ganesh Mani Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Indra Kumar Singh, learned counsel for the petitioners, Sri A.R. Chaurasia, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1, 2 and 3.
Issue notice to the opposite party no. 4.
Each of the respondent is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within two weeks thereafter. List after six weeks.
Learned counsel for the petitioners submits that as per high school certificate petitioner no. 1 is major and the petitioner no.2 is also a major boy and they have solemnized their marriage according to Hindu rites on 15.06.2019. He further contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Sections 363, 366 I.P.C., cannot be approved of.
Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 21.4.2019, registered as Case Crime No. 0246 of 2019, u/s 363, 366, 504 and 506 IPC, P.S. Kasganj, District Kasganj no coercive action be taken against the petitioners.
It is made clear that if the petitioners do not take steps to serve notice to respondent no. 4 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any other Bench of this Court.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 A. Tripathi