Disposed

Smt. Uma Devi @ Uma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC12 Jul 2024CRLP/4764/2024

Case brief

AI extract

What is this about?

Held a supplementary affidavit in a criminal miscellaneous writ petition. Issued notice to opposite party number 4. Directed filing of counter affidavit. Sought investigation steps including Section 164 Cr.P.C. statement. Provisional conditional bail granted pending investigation and verification of marriage age and registration.

What did the court decide?

Notice issued to opposite party no. 4 to file counter affidavit; conditional stay on arrest granted pending investigation; direction for recording statement under Section 164 Cr.P.C.

Smt. Uma Devi @ Uma and Another vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 4764 of 2024

¶3

Petitioner :- Smt. Uma Devi @ Uma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Lalu Prasad Bhatt,Sachin Counsel for Respondent :- G.A.

¶4

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

¶5

Learned counsel for petitioners has filed supplementary affidavit today in Court and the same is taken on record.

¶6

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

¶7

By means of this petition, the petitioners have sought quashing of F.I.R. dated 1.07.2024 bearing Case Crime No.240 of 2024 for the offence under Sections-323, 363, 366 I.P.C. registered at Police Station-Bangurmau, District-Unnao.

¶8

It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 10.07.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Aliganh, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.1 to the supplementary affidavit. As per Aadhar Card of petitioner no.1 her date of birth is 10.05.2005. Petitioners have also proceeded to get their marriage registered before the Marriage Registration Authority.

¶9

Learned A.G.A. on instructions states that though in the F.I.R. age of girl is mentioned as 17 years, however during course of investigation she is found to be major girl aged about 19 years.

¶10

Considering the aforesaid, let notice be issued to opposite party

¶11

no.4.

¶12

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

¶13

List this case after four weeks.

¶14

Office will submit service report on the basis of computer generated tracking report.

¶15

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. and/or they are found to have been minors on the date of their marriage. However, petitioners shall appear before the investigating officer as and when they are called to get their statements recorded. Investigating officer shall also take steps for recording of statement of petitioner no.1 before the magistrate under Section 164 Cr.P.C. Thereafter, investigation shall be taken to its logical conclusion. Petitioners shall also produce their marriage certificate issued by Marriage Registration Authority before this Court on the next date.

¶16

Order Date :- 12.7.2024 Arti/-

¶17

[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

¶18

Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Uma Devi @ Uma and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Smt. Uma Devi @ Uma and Another v. State of U.P. Thru. Prin. Secy. 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

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohit Joon vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Sumit Kumar @ Sumit Saroj vs State of U.P. Thru. Prin. Secy. Home, Lucknow and Others

Vijay Kumar (as Per F.I.R Vijay Kumar Yadav) vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. of U.P. Civil Sectt. Lko. and Others

Mohd. Irsaad Alias Irshad and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Others

Ms. Mahjabeen and Another vs State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and 3 Others

Complainant / Victim of Fir No.- 286 of 2024 vs State of U.P. Thru. Prin. Secy. Home Lko. and Others