Rajeev Yadav And Another vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 3239 ALL

Citation : 2017 Latest Caselaw 3239 ALL
Judgement Date : 16 August, 2017

Allahabad High Court

Rajeev Yadav And Another vs State Of U.P. Thru. Prin. Secy. ... on 16 August, 2017

Bench: Ramesh Sinha, Rekha Dikshit




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 18348 of 2017
 
Petitioner :- Rajeev Yadav And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Atul Kumar Singh
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri A.K.Singh, learned counsel for the petitioners,Sri G.D. Bhatt, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

Learned A.G.A. has accepted notice on behalf of the opposite party nos.1 to 3.

Issue notice to the opposite party no. 4.

Each of the respondent is granted four weeks time to file counter affidavit.

Rejoinder affidavit, if any, may also be filed within two weeks thereafter.

List after six weeks.

Learned counsel for the petitioner submits that petitioner nos. 1 and 2 are major and they have also solemnized their marriage in Arya Samaj Mandir, Lucknow on 11.7.2017 and they have also got their marriage registered before the Registrar, Hindu Marriage, Faizabad on 4.8.2017, a copy of their marriage registration certificate is annexed as Annexure-6 to the writ petition. He further contended that once they are major and they have voluntarily married, then to conceive in view of the judgment of Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, that, offence has been committed under Sections 363, 366 I.P.C., cannot be approved of.

Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 9.7.2017 registered as Case Crime No.1250 of 2017, under Sections 363, 366 I.P.C., Police Station-Jarwal Road, District Bahraich, no coercive action be taken against the petitioners.

It is made clear that if the petitioners do not take steps to serve notice to respondent no.4 within two weeks' from today, the interim protection granted above shall automatically vacated and this petition shall stand dismissed without further reference to any Bench of this Court.

(Mrs. Rekha Dikshit,J.,J.) (Ramesh Sinha, J.)

Order Date :- 16.8.2017/NS