Satyendra Kumar And Another vs State Of U.P. And 3 Ors
2015 Latest Caselaw 1076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 16208 of 2015
 

 
Petitioner :- Satyendra Kumar And Another
 
Respondent :- State Of U.P. And 3 Ors
 
Counsel for Petitioner :- Shahid Ali Siddiqui
 
Counsel for Respondent :- Govt.Advocate,Vinod Kr. Pal
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Brijesh Kumar Srivastava-II,J.

1. Heard Sri Shahid Ali Siddiqui, learned counsel for the petitioners, Sri Kripashankar Singh, learned counsel for caveator, Sri Vinod Kumar Pal, learned counsel for the respondents and perused the record.

2. The girl Sangeeta Bhartiya is present in the Court. She has been identified by her counsel. Her date of birth is 5.7.1993 as per High School certificate. She is a major and she complained that she has been threatened by her brother. In this regard, an order dated 11.11.2014 has already been passed by this Court in Writ Petition No. 58834 of 2014, in which the Senior Superintendent of Police, Allahabad was directed to take appropriate action for  protection of the aforesaid girl. However, so far as the first information report in question is concerned, the girl clearly states that false allegations have been made and no offence has been committed by petitioners.

3. Since the girl is major and has voluntarily stated that she has neither been kidnapped nor taken against her wish rather she had gone and living with the accused voluntarily and on her own volition, no offence against the accused is made out.

4. In the circumstances, the first information report dated 23.6.2015 registered as Case Crime No. 295 of 2015 under Sections 496, 363, 366, 506 I.P.C., Police Station Sarai Inayat, District Allahabad is hereby quashed.

5. The writ petition, is therefore, allowed.

Order Date :- 8.7.2015

Ashish Pd.