Disposed

Smt. Snehlata and Another v. State of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. and Others

Allahabad HC18 Jan 2024CRLP/369/2024

Case brief

AI extract

What is this about?

Court hears writ petition challenging FIR for bigamy and customary marriage. Finding prima facie case for interim relief, court stays arrest of one petitioner, directs recording of statement for another, and sets procedure for notice and affidavits.

What did the court decide?

Arrest of Petitioner No.2 stayed; Petitioner No.1 to be produced for statement recording under Section 164 Cr.P.C.

Smt. Snehlata and Another vs State… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 369 of 2024

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Petitioner :- Smt. Snehlata And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. And Others Counsel for Petitioner :- Mahesh Kumar,Rajeev Mishra,Satendra Tripathi Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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2. The instant writ petition has been filed by the petitioners with the following main reliefs:-

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"i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.01.2024 lodged by respondent No.4 against the petitioners in case crime No. 10 of 2024 under sections 363 & 366 I.P.C. at Police Station Bangarmau, District Unnao (Annexure1 to the writ petition).

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ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners & not to recover the petitioner No.1 in case crime No. 10 of 2024 under sections 363 & 366 I.P.C. at Police Station Bangarmau, District Unnao."

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3. It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other in accordance with Hindu rites and rituals. However, since this marriage is not being accepted by the family members of the petitioner no.1, hence, the

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impugned First Information Report has been lodged. The petitioners have also applied for registration of their marriage under the Uttar Pradesh Marriage Registration Rules, 2017.

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4. Considering the aforesaid facts and circumstances of the case, prima facie , a case for interim relief is made out.

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5. Since learned A.G.A. has put in appearance on behalf of respondents no.1 to 3, hence no fresh notices need to be issued to them.

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6. Issue notice to respondent no. 4 returnable at an early date.

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7. Steps be taken within a week.

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8. Let a counter affidavit be filed within four weeks.

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9. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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10. List this case on 28.02.2024.

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11. Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner No.2 in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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12. In the meantime, the Investigating Officer shall also produce the petitioner No.1 before the Magistrate

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concerned for recording her statement under Section 164 Cr.P.C. as expeditiously as possible.

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Order Date :- 18.1.2024/cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Snehlata and Another v. State of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. and Others

Case brief

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Smt. Snehlata and Another v. State of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. and Others

Case brief

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