Court issued interim order staying arrest of petitioners in sexual offense case pending clearing of age and evidence during FII/pleading exchange stage.
Interim stay of arrest of named petitioners till next listing after exchange of pleadings and notice to respondents.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 3376 of 2024
Petitioner :- Smt. Aarti Devi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Counsel for Petitioner :- Aman Kumar Shrivastav Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State/respondents and perused the record.
Supplementary affidavit filed today with regard to clarification of the age of petitioner No.1, is taken on record.
By means of this petition, the petitioners have sought quashing of First Information Report dated 28.04.2024, bearing Case Crime/F.I.R. No.0108/2024, under Section 366 I.P.C., Police Station Singahi, District Kheri.
Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage, they were of marriageable age. Petitioner No.1 has annexed Class 5 Marks sheet as Annexure - SA-1 in this regard as proof of age, as per which her date of birth is 18.05.2002. Petitioner No.2 has also filed copy of Aadhar Card in support of his age proof. Learned counsel for the petitioners submits that the police is harassing them at the behest of family members of petitioner No.1, who are not agreeable to the marriage. Petitioners have also filed Marriage Certificate issued by the Arya Samaj Mandir, Shivpuri, Chinhat, Lucknow.
Issue notice to Respondent Nos.3 and 4.
Let the pleadings be exchanged within four weeks.
List thereafter.
In view of the above, it is provided that till the next date of listing petitioners - Awadhesh Kumar (in F.I.R. Awadhesh, Manoj alias Manoj Kumar, Puspkant, Dharmesh Kumar (in F.I.R. Dharmendra and Chunni Lal, shall not be arrested in pursuance to the impugned First Information Report dated 28.04.2024, bearing Case Crime/F.I.R. No.0108/2024, under
Section 366 I.P.C., Police Station Singahi, District Kheri, unless and until there is sufficient and cogent evidence available against them regarding commission of the offence. They shall get their statement recorded before the Police as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 15.5.2024
ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether to grant interim stay of arrest during pendency of writ petition challenging FIR under Section 366 IPC.
Whether to quash First Information Report dated 28.04.2024 in light of voluntary marriage claim.
1 provisions across 1 enactments
Smt. Aarti Devi And Others
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
