Hariom And 7 Ors. vs State Of U.P. And 3 Ors.
2017 Latest Caselaw 5388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21947 of 2017
 

 
Petitioner :- Hariom And 7 Ors.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Harish Chandra Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Hon'ble J.J. Munir,J.

Heard learned counsel for the petitioners and 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, 2 & 3.

Issue notice to the opposite party no. 4. Steps to be taken within two weeks. In case, steps are not taken the order granting interim protection to the petitioners shall stand automatically vacated.

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

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

List thereafter.

Learned counsel for the petitioners submits that petitioner No. 2 is is alleged victim, who is present along with the petitioner No. 1-Hariom. There is a joint affidavit filed in support of the averments made in the writ petition.

As per the Adhar Card, the petitioner No. 2, the victim is aged about 19 years. Since, the girl is present before this Court.

On being asked, "apki mother ka naam kya hai", she informed the Court, "Ramshri". She further informs that her father's name is Ram Sahai. On being further asked, apki umra kya hai, she replied, "meri umra Adhar Card ke hisab se hai." She also informed that maine Hariom se shadi apni marzi se ki hai.

In view of the averments as made in the instant writ petition and also in view of the judgment of the Apex Court rendered in Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P., decided on 02.08.2013, prima facie, a case for grant of indulgence is made out.

Until further orders of this Court, petitioners shall not be arrested in pursuance of the FIR registered as Case Crime No. 237 of 2017, under Section 363, 366 IPC, Police Station Moth, District Jhansi.

Let a copy of the order be forwarded to the concerned SSP/SP through the office of the Government Advocate, who after receipt of the order shall ensure the safety of the petitioners and also shall ensure that the family members of the victim do not cause any harm or injury to the petitioners and shall ensure fair investigation of the matter without any whims, caprice or personal notion of morality.

The petitioners are also given liberty that in case any threat is extended to them or they have any apprehension with regard to their security, they may immediately file an application before the SSP/SP concerned along with the certified copy of the order and in case such an application is filed before the SSP/SP concerned, he will look into the matter personally and will ensure the safety of the petitioners.

Order Date :- 12.10.2017

LN Tripathi