Disposed

Abhishek @ Abhishek Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Others

Allahabad HC24 Jun 2024CRLP/4359/2024

Case brief

AI extract

What is this about?

High Court granted interim relief preventing the petitioner's arrest under an FIR for offences under Sections 366 and 120-B IPC. The court held that prima-facie allegations are not made out based on the girl's assertion that the marriage was entered into freely, pending hearing of a counter affidavit.

What did the court decide?

Until further orders, the petitioner shall not be arrested in furtherance of the impugned FIR. Counter affidavits to be filed within stipulated time.

Abhishek @ Abhishek Kumar vs State… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 4359 of 2024

¶3

Petitioner :- Abhishek @ Abhishek Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- P.K. Singh Bisen

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

¶6

Vakalatnama filed by Ms. Pallavi Mishra, learned counsel on behalf of opposite party no.4 is taken on record.

¶7

Heard learned counsel for the parties.

¶8

This writ petition questioning the legality of FIR lodged under Section 366 and 120-B IPC has been filed by the petitioner who claims to have married with opposite party no.4.

¶9

The opposite party no.4 who is stated to be major is also present before this Court in person. It is stated by her that her educational qualification is intermediate according to which her date of birth is 01.01.2005.

¶10

Thus prima-facie the opposite party no.4 appears to be major as on date.

¶11

It shall however be open to the police authorities to make necessary verification of the age of the petitioner as well as opposite party no.4 and take appropriate action in accordance with law.

¶12

The allegations leveled in the FIR for the offence under Section 366 IPC prima-facie are not made out once the opposite party no.4, being present in person, has stated that she had married the petitioner out of her free will and without undue influence or duress exercised by the petitioner.

¶13

A case for interference is thus made out.

¶14

Until further orders of this Court, the petitioner shall not be arrested in furtherance of the FIR impugned here in this writ petition.

¶15

Let a counter affidavit be filed within three weeks to which rejoinder affidavit, if any, may be filed by the petitioner with a week.

¶16

List in the month of August,2024.

¶17

¶18

( Ajai Kumar Srivastava-I,J. ) (Attau Rahman Masoodi,J.)

¶19

Order Date :- 24.6.2024

¶20

Shahnaz

¶21

Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench

Abhishek @ Abhishek Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Others

Case brief

What is this about?

What did the court decide?

Abhishek @ Abhishek Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mahtab vs State of U.P. through Principal secretary Home and Ors.

Gyan Shankar and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Mohd. Anas and Others vs State of U.P. Thru. Prin. Secy. Home Govt. Lko. and Others

Putti Alias Puttilal vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Suresh vs State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

Khushi Ram Trivedi vs State of U.P. Thru. Secy. Ministry of Home Affairs Lko. and Others