Smt. Sarita Devi and Another Vs State of U.P. and 2 Others

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 15518 of 2022 Petitioner :- Smt. Sarita Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu Counsel for Respondent :- G.A.

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Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,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 to quash the impugned First Information Report dated 10.9.2022 registered as Case Crime No. 325 of 2022, under Sections 363 & 366 I.P.C., P.S.Mangalpur, District-Kanpur Dehat.

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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.

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Be that as it may, the writ petition is disposed off with a direction to the first petitioner to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within two weeks from today. In the event the first petitioner 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.

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Till recording of the statement of the first petitioner, 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.

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Order Date :- 2.11.2022 Arif

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Digitally signed by MOHAMMAD ARIF Date: 2022.11.03 10:46:29 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Sarita Devi and Another v. State of U.P. and 2 Others

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Smt. Sarita Devi and Another v. State of U.P. and 2 Others

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