Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7938 of 2021 Petitioner :- Smt. Zeva Naj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.,Rajendra Singh Yadav
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Sri Ansar Ahmad, learned counsel for the petitioners, Shri Rajendra Singh Yadav, learned counsel for the respondent- complainant and learned A.G.A. for the State.
This writ petition has been filed praying for the following reliefs:-
"(A) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 11.8.2021, lodged at Case Crime No. 472 of 2021, under Section 363, 366 IPC, Police Station Ramgarh, District Firozabad.
(B) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners with reference to Case Crime No. 472 of 2021, under Section 363, 366 IPC, Police Station Ramgarh, District Firozabad."
Learned counsel for the petitioners in support of submission contends that first and second petitioners are are major and have married with each other out of their own free will and staying together. Furthermore, this Court has also accorded civil protection to the first and second petitioners by the order dated 10.8.2021 passed in Writ-C No. 18474 of 2021 (Smt. Zeva Naj and another Vs. State of U.P. and 3 Others) and as such no offence under Sections 363 and 366 I.P.C. is made out.
Be that as it may, the writ petition is disposed off with a direction to the petitioner No. 1 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. 1 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 also ensure medical age determination of petitioner No. 1 within two weeks thereafter 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 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 Court/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