Vijay Shanker And Another vs The State Of U.P. Thru Secy. And 3 ...
2014 Latest Caselaw 7149 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17392 of 2014
 

 
Petitioner :- Vijay Shanker And Another
 
Respondent :- The State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Arun Kumar Tiwari
 
Counsel for Respondent :- Govt.Advocate,Avdhesh Narayan Tiwari
 

 
Hon'ble Amar Saran,J.

Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the petitioners  and Sri M.K. Tiwari, advocate holding brief of Sri Avdhesh Narayan Tiwari, learned counsel for the complainant.

Learned counsel for the petitioners  submits that Smt.  Sushma alias Kusma was examined by three doctors who found her above 21 years. In her statement under Section164 Cr. P.C.  she  has stated  that  she has voluntary gone away with her brother-in-law Vijay Shanker  and her sister Smt. Kiran Devi -the petitioners.

Learned counsel for the complainant is allowed  two weeks' time to file counter affidavit. Rejoinder affidavit may be filed within one week's thereafter.

Till the next date of lising, the arrest of the petitioners shall remain stayed  in Case Crime no.1238 of 2014, under Section 363 and 366 I.P.C. P.S. Jalaun, district Jalaun.

Learned counsel for the petitoners  is allowed to delete the  prayer no.(ii )of the writ petition, as he has already filed criminal revision with regard to the same.

List thereafter before appropriate Bench.

Order Date :- 26.9.2014

Rkb