Laxmi Devi And Another vs State Of U.P. Thru. Prin. Secy. ...
2016 Latest Caselaw 5751 ALL

Citation : 2016 Latest Caselaw 5751 ALL
Judgement Date : 8 September, 2016

Allahabad High Court

Laxmi Devi And Another vs State Of U.P. Thru. Prin. Secy. ... on 8 September, 2016

Bench: Ajai Lamba, Ravindra Nath Mishra-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 21469 of 2016
 

 
Petitioner :- Laxmi Devi And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Others
 
Counsel for Petitioner :- Dharmendra Singh,Sachida Nand
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Ravindra Nath Mishra-II,J.

1. This petition seeks issuance of a writ in the nature of Certiorari quashing First Information Report bearing Case Crime No. 331 of 2016, under Sections 363 & 366 I.P.C., Police Station Hasanganj, District Lucknow.

2. Learned counsel appearing for the petitioners contends that petitioner No. 1 willingly got married to petitioner No.2. The marriage, however, has not been accepted by respondent No.3,therefore, in abuse of process of the law and process of the Court, impugned criminal proceedings have been initiated.

3. Learned counsel appearing for the petitioners has argued that the case is squarely covered by judgment dated 23.7.2015 passed by this Court in Writ Petition No.3519 (M/B) of 2015 : Shaheen Parveen and another versus State of U.P. and others.

4. Issue notice to serve respondent No.3, returnable on 19.10.2016.

5. List on 19.10.2016.

6. The petitioners shall not be taken in custody till the next date of listing. The petitioners are directed to join investigation.

7. Investigating officer of the case is directed to ensure that statement of petitioner No.1 is recorded under Section 164 Cr.P.C. and she is medically examined.

8. Let counter affidavit be filed.

Order Date :- 8.9.2016

Arvind