Court granted interim non-arrest order to petitioner no. 2 pending investigation into FIR under Section 366 IPC, conditioned on cooperation with police and production of evidence regarding marriageable age and consent.
Interim non-arrest order issued to petitioner no. 2 pending investigation into FIR.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 1613 of 2024 Petitioner :- Komal Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Counsel for Petitioner :- Jai Pratap Singh Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Heard.
The petitioners no. 1 and 2 are present in person before the Court, who are identified by their counsel.
The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 24.2.2024 bearing Case Crime No. 049 of 2024 under Section 366 IPC, Police StationSaeni, District-Raebareli.
Let the notice be issued to the opposite party no. 4.
Pleadings be exchanged within eight weeks.
List immediately thereafter.
Considering the submissions of learned counsel for the petitioners that in the FIR itself, the age of the girl is 21 years and both the petitioners no. 1 and 2 are major and they have married each other of their own volition on 1.3.2024, therefore, no offence under Section 366 IPC is made out, accordingly, it is provided that till the next date of listing, petitioner no. 2 shall not be arrested in pursuance to the First Information Report dated 24.2.2024 bearing Case Crime No. 049 of 2024 under Section 366 IPC, Police StationSaeni, District-Raebareli, unless there is sufficient and cogent evidence available against the petitioner no. 2 indicating commission of any offence by him as alleged in the impugned FIR and/or that on the date of marriage the petitioners no. 1 and 2 were not of marriageable age. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when he is called. If they do not do so then it can be a ground for seeking vacation of this inter interim order.
The Investigating Officer shall conclude the investigation as per law and file an affidavit in this regard by the next date of listing.
(Narendra Kumar Johari, J.) (Rajan Roy, J.)
Order Date :- 5.3.2024/AKK
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the marriage of major petitioners on 1.3.2024 negates the offence under Section 366 IPC alleged in the FIR dated 24.2.2024.
Komal Singh And Another
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
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