Disposed

Smt. Sanjana Saroj and Another v. State of U.P. and 3 Others

Allahabad HC19 Sept 2022CRLP/4937/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the High Court partially disposed of the matter by directing the recording of the petitioner's statement under Section 164 Cr.P.C. and restraining arrest for two months.

What did the court decide?

Petitioner No.1 directed to record statement under Section 164 Cr.P.C.; respondents restrained from arresting petitioners for two months.

Smt. Sanjana Saroj and Another Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4937 of 2022 Petitioner :- Smt. Sanjana Saroj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Yadav,Renu Sharma Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.

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This writ petition has been filed praying to quash the first information report dated 04.4.2022 registered as Case Crime No.72 of 2022 under Sections 366 IPC and Section 3 (2 (va) of SC/ST Act, Police Station Sikrara, District Jaunpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.

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Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other according to Hindu Rites and Custom on 18.4.2022. They have also got their marriage registered before the Registrar of Marriages, Machhalishahar, Jaunpur. Both the petitioners are living as husband and wife and as such, no offence under the aforesaid Section is made out against petitioner no.2.

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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.

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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. Order Date :- 19.9.2022 RKP

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Digitally signed by RAKESH KUMAR PATEL Date: 2022.09.20 13:46:23 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Sanjana Saroj and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Sanjana Saroj 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

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