Smt. Archana Savita and Another Vs State of U.P. and 3 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 10896 of 2022

Petitioner :- Smt. Archana Savita And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Singh,Pusp Raj Singh Counsel for Respondent :- G.A.

¶4

Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.

¶5

Heard learned counsel for the petitioners, learned counsel for the respondent no.4 and the learned A.G.A.

¶6

This writ petition has been filed with a prayer to quash the impugned First Information Report dated 08.07.2022 registered as Case Crime No.531 of 2022, under Section 366 I.P.C., Police Station Kalyanpur, District Kanpur Nagar.

¶7

Both the petitioners no. 1 and 2 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.

¶8

Be that as it may, the writ petition is disposed of with a direction to the daughter of the informant (i.e. victim) to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within four weeks from today. In the event the victim 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 shall pass appropriate orders in accordance with law. The investigating officer shall proceed thereafter in accordance with law.

¶9

Till recording of the statement of the victim, petitioners shall not be arrested pursuant to the impugned first information report, provided they cooperate in the investigation. The second respondent shall ensure that any family member, if taken in custody or detained in police station, shall forthwith be released.

¶10

Order Date :- 22.8.2022 Shivangi

¶11

Digitally signed by SHIVANGI YADAV Date: 2022.08.23 11:34:06 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Archana Savita and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Archana Savita and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

In Re Vs Shri Chandan Kumar, Investigating Officer

Balbir Vs State

Lal Bihari Vs State

Malikhan Singh and 6 Others Vs State of U.P. and 3 Others

Lakhsmi Devi Tiwari and 2 Others Vs State of U.P. and 2 Others

Ram Kunwar and Another Vs State of U.P. and 2 Others