Disposed

Savnur Khan and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC21 May 2024CRLP/3548/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an F.I.R. for kidnapping and abduction of their own wife. The court noted her statement indicating voluntary marriage and lack of enticement, issued notice, and granted bail until the next date.

What did the court decide?

Notice issued, counter affidavit filed within four weeks, case listed after four weeks, and petitioners granted bail on condition of no arrest until sufficient evidence is available.

Savnur Khan and 6 Others vs State of U.P. Thru. Prin… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3548 of 2024

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Petitioner :- Savnur Khan And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Petitioner :- Sandhya Devi,Babita Singh,Neha Chaurasia

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Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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

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By means of this petition, the petitioners have sought quashing of F.I.R. dated 21.01.2024 bearing Case Crime No.0008 of 2024 for the offence under Sections-363,366 I.P.C. registered at Police Station Uchaulia, District Lakhimpur-Kheri.

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It is stated by learned counsel for the petitioners that petitioner no.1and the girl/Muskan have married by their own free will on 09.12.2023. as per as Muslim Rites and Rituals. The copy of the Nikahnama has been annexed as Annexure No.8 to the writ petition. As per the F.I.R. lodged against the petitioners under Sections 363,366 I.P.C., the girl/Muskan alleged to be 17 years old in the F.I.R. is already recovered and in her statement under Section 164 Cr.P.C. as well as before the Doctor in her medical examination, she has stated that she has gone with the petitioner no.1 on her own choice and married with him and thereafter she has not returned home. She has also stated that she was not enticed away by the petitioner no.1/Savnur.

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The case for consideration is made out.

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Let notice be issued to opposite party no.4.

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Let counter affidavit be filed in the matter within four weeks.

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List this case after four weeks.

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In view of the above, till the next date of listing, it is provided that petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R.. However, petitioners shall appear before

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the investigating officer as and when they are called to get their statements recorded. Thereafter, investigation shall be taken to its logical conclusion.

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(Narendra Kumar Johari, J.) (Vivek Chaudhary, J.)

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Order Date :- 21.5.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Savnur Khan and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Savnur Khan and 6 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

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What did the court decide?

What the court decided

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