Ganga Ram And Ors. vs The State Of U.P Thru Home Secy., ...
2013 Latest Caselaw 838 ALL

Citation : 2013 Latest Caselaw 838 ALL
Judgement Date : 12 April, 2013

Allahabad High Court

Ganga Ram And Ors. vs The State Of U.P Thru Home Secy., ... on 12 April, 2013

Bench: Abdul Mateen, Ashwani Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 25
 

 
Case :- MISC. BENCH No. - 3072 of 2013
 

 
Petitioner :- Ganga Ram And Ors.
 
Respondent :- The State Of U.P Thru Home Secy., Lucknow And Ors.
 
Petitioner Counsel :- Brijesh Kumar Yadav,Vinay Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Abdul Mateen,J.

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the petitioners and the learned Additional Government Advocate.

Under challenge in the instant writ petitions is FIR relating to Case Crime No.90 of 2013, under Sections 363 & 366 IPC, police station Atrauli, district Hardoi.

We have gone through contents of the FIR as well as other documents annexed hereto.

Learned counsel for the petitioners submits that petitioners Ganga Ram and Malti being major have married each other of their own choice and free will , as such, in view of law laid down by the apex Court in the case of Lata Singh vs. State of U.P. and another reported in (2006) 5 Supreme Court Cases 475, the FIR is sham and is liable to be quashed.

Learned counsel for the petitioners has produced a girl identifying her to be Malti along with petitioner Ganga Ram and on the basis of instructions states that they have married each other of her own choice.

Accordingly, we direct petitioner Ganga Ram to produce Malti before the Investigating Officer of aforesaid case within ten days from today, who shall get her statement recorded under Section 164 Cr.P.C. while affixing her colour photograph on the same by the Magistrate concerned and subsequently hand her custody over to petitioner Ganga Ram on the same day. Magistrate concerned shall send a photocopy of the statement of Malti recorded under Section 164 Cr.P.C. in a sealed cover to this court at an early date.

Issue notice to opposite party No. 4 returnable at an early date.

List after service.

Till the next date of listing, arrest of the petitioners in the aforesaid case crime number shall remain stayed. It is clarified that if petitioner Ganga Ram fails to produce Malti before the Investigating Officer within the time stipulated above, benefit of this order shall not be made available to the petitioners.

Order Date :- 12.4.2013

Pradeep/-