Disposed

Rohit Singh @ Rohit and 4 Others v. State of U.P. and 3 Others

Allahabad HC27 Aug 2021CRLP/6723/2021

Case brief

AI extract

What is this about?

Court disposed of the writ petition seeking quashing of FIR and non-arrest prayer. It directed the complainant's daughter to record her statement under Section 164 Cr.P.C. and undergo medical age determination, while staying coercive action against petitioners for three weeks.

What did the court decide?

Stay on coercive action for three weeks; direction to C.J.M. for recording statement under S. 164 Cr.P.C. and medical age verification.

Rohit Singh @ Rohit and 4 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6723 of 2021 Petitioner :- Rohit Singh @ Rohit And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Ankur Chaurasia,Diwan Saifullah Khan Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.

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

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This writ petition has been filed praying to quash the first information report dated 17.6.2021 bearing Case Crime No. 358/2021, under Sections 363, 366 IPC, Police Station Gandhi Park, District Aligarh. Further prayer has been made not to arrest the petitioners in the said case.

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Learned counsel for the petitioners in support of his submission states that on her own freewill petitioner no.5-Vimlesh daughter of Suraj Pal has solemnized marriage with petitioner no.1-Rohit Singh @ Rohit on 19.07.2021 as per Hindu rites and rituals. Thereafter, the present First Information Report has been filed, wherein, the entire family has been roped up.

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Be that as it may, the writ petition is disposed off with a direction to the daughter of the complainant namely Vimlesh to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., within one week from today. In the event the daughter of complainant, namely, Vimlesh 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 daughter of complainant, namely, Vimlesh within two weeks thereafter and shall pass appropriate orders in accordance with law.

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For a period of three weeks, no coercive action shall be taken against the petitioners.

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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.

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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.

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Order Date :- 27.8.2021 A. Pandey

Rohit Singh @ Rohit and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Rohit Singh @ Rohit and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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