Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12741 of 2021 Petitioner :- Vinay Gaud and another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.
This writ petition has been filed praying to quash the first information report dated 12.6.2021 registered as Case Crime No.104 of 2021 under Sections 366 IPC, P.S. Belipar, District Gorakhpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submits that both the petitioners are major and they have solemnized their marriage with free will on 16.6.2021. Since then, they are living happily as husband and wife and as such, no offence under Section 366 IPC is are made out against the second petitioner.
Be that as it may, the writ petition is disposed off with a direction to the petitioner No.2 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within a week from today. In the event the petitioner No.2 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 would proceed strictly in accordance with law.
For a period of five weeks from today, respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.
Order Date :- 24.12.2021 RKP