Pramod Kumar vs State Of U.P. And 3 Ors.
2017 Latest Caselaw 5405 ALL

Citation : 2017 Latest Caselaw 5405 ALL
Judgement Date : 12 October, 2017

Allahabad High Court

Pramod Kumar vs State Of U.P. And 3 Ors. on 12 October, 2017

Bench: Vipin Sinha, J.J. Munir




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21943 of 2017
 
Petitioner :- Pramod Kumar
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Vikas Sharma,Amit Rai
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Hon'ble J.J. Munir,J.

Learned counsel for the petitioner has submitted that victim along with the petitioner had earlier filed a Civil Misc. Writ Petition No. 43260 of 2017, copy of the order has been annexed at page 25 of the writ petition, contents of which are self explicit.

I have also perused the impugned FIR, registered as Case Crime No. 640 of 2017, under Sections 363, 366 IPC and 3/4 POCSO Act, Police Station Chandpur, District Bijnor.

The contention of counsel for the petitioner is that the petitioner as also the alleged victim are major and they have performed marriage and were living with each other.

Subsequently, it appears that the victim was handed over in the custody of respondent No. 3- father of victim by the judicial order dated 5.10.2017, copy of which has been annexed at page 34.

Looking to the facts and circumstances and the averments made, the Court deems it fit to issue notice to respondent No. 3-Babu Ram s/o Ameera Singh r/o Raipur Khadar, Bijnor, Tehsil Gandhore, Police Station Chandpur, District Bijnor. The notices shall be served upon respondent No. 3 through the office of CJM, Bijnor. The notices will clearly reflect the next fixed as 1.11.2017. The notices shall also indicate that on the said date, the respondent No. 3 shall be personally present before this Court along with the victim girl Kaushal Kumari. The CJM, Bijnor, after serve the notice to respondent No. 3, shall submit a report through the office of the Registrar General of the this Court.

It is made clear that in case respondent No. 3 is not personally present before this Court on the next date fixed all coercive measures shall be initiated against him, in accordance with law.

Till further orders, the petitioner shall not be arrested in pursuance of the impugned FIR in the aforementioned case.

Copy of the order shall be provided to the learned AGA for onward transmission to SHO concerned, who in turn shall also communicate this order to respondent No. 3.

List on 1.11.2017.

Order Date :- 12.10.2017/LN Tripathi