Disposed

Smt. Shilu @ Shilu Tiwari and Another v. State of U.P. and 3 Others

Allahabad HC12 Aug 2021CRLP/5294/2021

Case brief

AI extract

What is this about?

Two Criminal Misc. Writ Petitions (No. 5294 of 2021 and No. 5709 of 2021) regarding an FIR and a request for fair investigation were disposed of. The Court directed the victim to appear before the Chief Judicial Magistrate to record a statement under Section 164 Cr.P.C. and stayed coercive action for one week.

What did the court decide?

Directions to C.J.M. Prayagraj to record statement of victim under Section 164 Cr.P.C.; no coercive action for one week.

Smt. Shilu @ Shilu Tiwari and… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5294 of 2021

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Petitioner :- Smt. Shilu @ Shilu Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Shrivastava Counsel for Respondent :- G.A.

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AND

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5709 of 2021

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Petitioner :- Om Prakash Tripathi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Babu Tiwari Counsel for Respondent :- G.A.,Sunil Kumar Singh

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

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Heard Sri Anurag Srivastava, learned counsel for the petitioner, Sri Ram Babu Tiwari, learned counsel for the informant-respondent No.4 and Sri Rupak Chaube, learned A.G.A. for the State-respondents in CRIMINAL MISC. WRIT PETITION No. - 5294 of 2021 (Smt. Shilu @ Shilu Tiwari And Another vs. State Of U.P. And 3 Others).

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Also heard Sri Ram Babu Tiwari, learned counsel for the petitioner, Sri Sunil Kumar Singh, learned counsel for the respondent Nos.4, 6 and 7 in CRIMINAL MISC. WRIT PETITION No. - 5709 of 2021 (Om Prakash Tripathi vs. State Of U.P. And 6 Others) and Sri Rupak Chaube, learned A.G.A. for the State-respondents.

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The aforesaid CRIMINAL MISC. WRIT PETITION No. - 5294 of 2021 has been filed by the victim Smt. Shilu @ Shilu Tiwari and Neeraj Patel praying to quash the impugned First Information Report No.0496 of 2021, dated 26.06.2021 under Sections 366, 504, 506 I.P.C. P.S. Nawabganj, District Prayagraj on the ground that both the petitioners are major and they have married with each other out of their own free-will and are living together and, therefore, the impugned first information report does not disclose commission of any criminal offence.

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The CRIMINAL MISC. WRIT PETITION No. - 5709 of 2021 has been filed by the informant i.e. the father of the victim, praying for fair investigation.

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It is admitted by learned counsels for the parties of both the writ petitions that Smt. Shilu @ Shilu Tiwari and Neeraj Patel, both are major. According to the petitioners of CRIMINAL MISC. WRIT PETITION No. - 5294 of 2021, they have married with each other out of their own freewill and they being major, no interference can be made and they have every right to live together.

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Considering the facts and circumstances, we dispose off both the above noted writ petitions with the following directions:

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(i) The victim Smt. Shilu @ Shilu Tiwari shall appear along with a copy of this order, before the Chief Judicial Magistrate, Prayagraj with the assistance of the respondent No.3, i.e. Station House Officer, Police Station Nawabganj, District Prayagraj, within a week. Learned A.G.A. shall also inform this order in writing to the respondent Nos.2 and 3 for compliance.

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(ii) On appearance of the petitioner - Smt. Shilu @ Shilu Tiwari, the Chief Judicial Magistrate, Prayagraj shall record her statement under Section 164, Cr.P.C. and, thereafter pass appropriate order in accordance with law.

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(iii) For a period of one week, no coercive action shall be taken against the petitioners of CRIMINAL MISC. WRIT PETITION No. - 5294 of 2021, i.e. Smt. Shilu @ Shilu Tiwari and Neeraj Patel.

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Order Date :- 12.8.2021 NLY

Smt. Shilu @ Shilu Tiwari and Another v. State of U.P. and 3 Others

Case brief

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Smt. Shilu @ Shilu Tiwari and Another v. State of U.P. and 3 Others

Case brief

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What the court decided

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