Petitioners sought quashing of an FIR alleging bigamy under B.N.S., 2023. The court issued an interim order staying arrest pending further investigation and evidence.
Interim stay on arrest of petitioner no. 2 until sufficient and cogent evidence is available against them.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 5657 of 2024
Petitioner :- Smt. Soni Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Counsel for Petitioner :- Prabhat Kumar Mishra,Ajeet Kumar Verma,Sudhir Kumar Verma 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 annexing therewith the copy of the Birth Certificate of petitioner no.1 issued by the Village Pradhan is taken on record.
By means of this petition, the petitioners have sought quashing of First Information Report dated 23.07.2024, bearing Case Crime/F.I.R. No.0365/2024, under Section 137 (2) of B.N.S., 2023, Police Station - Motipur, District - Bahraich.
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 copy of the Certificate issued by the Village Pradhan, Village Panchayat - Rayganj, Vikas Khand - Shivpur, District - Bahraich in this regard as proof of age, as per which her date is about 19 years 06 months. Petitioner No.2 has also filed copy of Aadhar Card in support of his age proof. Petitioners have also filed copy of the Marriage Certificate issued by the Arya Samaj, Shivpuri Kamta, Chinhat, Lucknow and have also got their marriage registered with the Marriage Registration Officer, Sadar, Lucknow. 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.
Issue notice to Respondent No. 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 petitioner No.2 - Ramu Verma @ Ramu, shall not be arrested in pursuance to the impugned First Information Report dated 23.07.2024, bearing Case Crime/F.I.R. No.0365/2024, under Section 137 (2) of B.N.S., 2023, Police Station - Motipur, District - Bahraich, 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 :- 14.8.2024
ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an interim stay on arrest is warranted against FIR u/s 137(2) B.N.S., 2023 alleging Bigamy.
2 provisions across 1 enactments
Soni Devi
Ramu Verma
State Of U.P.
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
