Abhishek @ Chhotu and Another v. State of Up and 3 Others
Case brief
What is this about?
Special Leave Petition challenging a non-bailable warrant opposing the petitioner's marriage. Court directed issuance of notice, affidavit filing, and listed matter before the Appropriate Bench while granting bail.
What the court decided
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 11826 of 2024
Petitioner :- Abhishek @ Chhotu And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J. Hon'ble Surendra Singh-I,J.
- Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
- Learned counsel for the petitioners has submitted that even according to the prosecution own case as stated in the first information report, the victim is a major girl aged about 19 years. Learned counsel for the petitioners has next submitted that she, out of her own free-will and consent, has already solemnized marriage with petitioner No. 1 on 8.6.2024 in Arya Samaj Govinpuri Kakraita Sikandra Agra and is living peacefully with him.
- Learned counsel for the petitioners has next submitted that there is nothing on record to show that the petitioner No. 2 was forcibly taken away by the petitioner No. 1 and compelled to marry with him and as such, prima facie no offence is disclosed against the petitioners and consequently, the impugned first information report is liable to be quashed.
- Matter requires consideration.
- Issue notice to opposite party No. 4 returnable within four weeks.
Issues for consideration
2 issues framed by the court
Whether the First Information Report discloses a prima facie offence against the petitioners requiring quashing.
Whether the petitioner shall be restrained from arrest pending investigation.
Parties & counsel
- petitioner
Abhishek @ Chhotu And Another
- respondent
State Of Up
- respondent
Other
- respondent
Other
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- CRLP/11826/2024
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