Mithun and Another Vs State of U.P. and 2 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 4897 of 2021

Petitioner :- Mithun And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard learned counsel for the petitioners and the learned A.G.A.

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This writ petition has been filed praying for the following relief :

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i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 02.03.2021 lodged by the respondent No.3 against the petitioners in Case Crime No.32 of 2021, under Section 366 I.P.C., Police Station Hazara, District - Pilibhit.

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ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No.2 not to arrest the petitioners in Case Crime No.32 of 2021, under Section 366 I.P.C., Police Station Hazara, District - Pilibhit.

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Learned counsel for the petitioners states that the victim - Malti, daughter of the informant - respondent no.3, is with the petitioner No.1.

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In view of the aforesaid and to meet the ends of justice we dispose of this writ petition with the consent of learned counsel for the petitioners and the learned A.G.A. with the following directions :-

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i) The petitioner no.1 shall produce the victim before the respondent no.2 within ten days and thereupon the respondent no.2 shall immediately produce the victim before the Chief Judicial Magistrate, Pilibhit, on the same day.

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ii) As and when the victim is produced by the respondent no.2 before the Chief Judicial Magistrate, Pilibhit, the Chief Judicial Magistrate shall record her statement under Section 164 Cr.P.C. and thereafter proceed in accordance with law.

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For a period of two weeks, the petitioners shall not be arrested.

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Order Date :- 17.8.2021/vkg

Mithun and Another v. State of U.P. and 2 Others

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Mithun and Another v. State of U.P. and 2 Others

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