Manish Kumar And Ors. vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 2460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- MISC. BENCH No. - 15575 of 2017
 

 
Petitioner :- Manish Kumar And Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Shiv Kumar Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri S.K. Yadav, learned counsel for the petitioners, Sri Dharmendra Singh, learned AGA for the State and perused the impugned F.I.R. 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 petitioners submits that petitioner no. 1 and 3 are major and they have also solemnized their marriage in Arya Samaj Mandir, Aliganj, Lucknow on 23.6.2017. 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 25.6.2017, registered as Case Crime No. 151 of 2017, u/s 363, 366, 504 IPC, police station Khiro, District Raebareily no coercive action be taken against the petitioners.

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

Order Date :- 17.7.2017

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