Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7934 of 2021 Petitioner :- Vikas Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 24.8.2021, lodged by respondent No.3 against the petitioner No. 1 in Case Crime No. 550 of 2021, under Section 363, 366 of IPC & Section 17 of the POCSO Act, 2012, Police Station- Baheri, District Bareilly.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime No. 550 of 2021, under Section 363, 366 of IPC & Section 17 of the POCSO Act, 2012, Police Station- Baheri, District Bareilly."
Learned counsel for the petitioners submits that petitioner Nos. 1 and 2 have solemnized marriage with each other out of their own free will and as such no offence under Section 363 and 366 I.P.C. is made out. Marriage is registered one and registration certificate is annexed with the writ petition.
Be that as it may, the writ petition is disposed off with a direction to petitioner no. 1 to appear before the Chief Judicial Magistrate, concerned, for recording her statement under Section 164 Cr.P.C., within three weeks from today. In the event of her appearance 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 also ensure medical age determination of petitioner no. 1 by Medical Board and shall pass appropriate orders in accordance with law.
For a period of three weeks no coercive action shall be taken against the petitioners The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.9.2021 Kamarjahan