Pintu @ Jagdish vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 2459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 
Case :- MISC. BENCH No. - 15502 of 2017
 
Petitioner :- Pintu @ Jagdish
 
Respondent :- State Of U.P. Thru. Secy. Home And Ors.
 
Counsel for Petitioner :- Piyush Kumar Singh
 
Counsel for Respondent :- Govt. Advocate
 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri P.K.Singh, learned counsel for the petitioner, Sri Ganesh Gupta, learned Brief Holder appearing 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 the victim as per the medical examination report is a major girl aged about 18 years. From perusal of her statement recorded under Section 164 Cr.P.C., she appears to have voluntarily eloped with the petitioner and at present moment she is confined in Nari Neketan, for which the petitioner has filed a Habeas Corpus Petition No.14466 of 2017, which is still pending.

Prima facie arguments advanced appear to have some substance and require consideration by this court as such pursuant to impugned F.I.R. dated 18.3.2017 registered as Case Crime No.254 of 2017, under Sections 363, 366, 506 I.P.C. & 3/4 POCSO Act, Police Station-Bagarmau, District Unnao, no coercive action be taken against the petitioner.

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.)      (Ramesh Sinha, J.)

Order Date :- 17.7.2017/NS