Smt. Ragini @ Rehana And Others vs State Of U.P. Thru. Secy. Home & ...
2016 Latest Caselaw 5752 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 21473 of 2016
 

 
Petitioner :- Smt. Ragini @ Rehana And Others
 
Respondent :- State Of U.P. Thru. Secy. Home & Others
 
Counsel for Petitioner :- Abdul Rafey Siddiqui
 
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. 141 of 2016, under Sections 366 & 376 I.P.C. & Section 3(2) (V) Scheduled Caste and Scheduled (Prevention of Atrocities) Act, Police Station Baskhari, District Ambedkar Nagar.

2. Learned counsel appearing for the petitioners contends that petitioner No. 1 willingly got married to petitioner No.2. Evidence of marriage is available on record as Annexure-4. 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..

8. Let counter affidavit be filed.

Order Date :- 8.9.2016

Arvind