Disposed

Miniraja and Another v. State of U.P. and 3 Others

Allahabad HC16 Sept 2022CRLP/11738/2022

Case brief

AI extract

What is this about?

The Court directed the petitioners to appear for recording a statement under Section 164 Cr.P.C. Before an issuing Magistrate after which the investigation would proceed. The respondents were restrained from arresting the petitioners for two months condition to the said cooperation.

What did the court decide?

Direction to petitioner No.1 to appear for recording statement under Section 164 Cr.P.C.; restraint on arrest for two months subject to cooperation in investigation.

Miniraja and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2022)

¶1

Court No. - 47

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 11738 of 2022 Petitioner :- Miniraja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikram Singh Shrivastava Counsel for Respondent :- G.A.

¶3

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.

¶4

The supplementary affidavit filed today is taken on record. Heard Shri Vikram Singh Srivastava, learned counsel for the petitioners and learned A.G.A. for the State respondents.

¶5

This writ petition has been filed praying to quash the first information report dated 26.07.2021 registered as Case Crime No.0092 of 2021 under Section 366 IPC, Police Station Todi Fatehpur, District Jhansi. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶6

Learned counsel for the petitioners submits that the petitioners are major. They have solemnized their marriage with each other according to Hindu Rites and Custom on 27.08.2022 and out of their wedlock, a child was born on 02.5.2022. After the marriage, both the petitioners are living as husband and wife and as such, no offence under Section 366 IPC is made out against petitioner no.2.

¶7

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 Magistrate for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event the petitioner No.1 appears before the Chief Judicial Magistrate/ concerned Magistrate within the stipulated period, the Chief Judicial Magistrate/ concerned Magistrate shall record her statement under Section 164 Cr.P.C. and thereafter the investigating officer would proceed strictly in accordance with law.

¶8

For a period of two months from today, respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.

¶9

Order Date :- 16.9.2022 RKP

¶10

Digitally signed by RAKESH KUMAR PATEL Date: 2022.09.16 16:27:04 IST Reason: Location: High Court of Judicature at Allahabad

Miniraja and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Miniraja 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rashid Ali and 3 Others Vs State of U.P. and 3 Others

Salman Khan and 3 Others Vs State of U.P. and 2 Others

Avinash Pandey Alias Atal Prakash Pandey Vs State of U.P. and 3 Others

Vijay Kumar Shukla Vs State of U.P. and 3 Others

Mohd. Arif and 2 Others Vs State of U.P. and 2 Others

Chandrashekhar Takkar and Another Vs State of U P and 2 Others