Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8745 of 2021 Petitioner :- Vineeta Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar 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.
This writ petition has been filed praying to quash the first information report dated 09.09.2021 in Case Crime no.240/2021 under Section 366 IPC, P.S. Dando, District Aligarh.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under Section 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to petitioner no.1-Smt. Vineeta Devi to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., within three weeks from today. In the event, petitioner no.1-Smt. Vineeta Devi 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. thereafter and shall pass appropriate orders in accordance with law.
For a period of five weeks, no coercive action shall be taken against the petitioners pursuant to first information report dated 09.09.2021.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith 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 :- 27.10.2021 A. Pandey