Chaitu @ Ghanshyam Yadav vs State Of U.P. Thru. Secy. Home And ...
2017 Latest Caselaw 5496 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- MISC. BENCH No. - 25112 of 2017
 
Petitioner :- Chaitu @ Ghanshyam Yadav
 
Respondent :- State Of U.P. Thru. Secy. Home And Others
 
Counsel for Petitioner :- Anoop Vajpayee,Atul Kumar Yadav
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Hon'ble Rajnish Kumar,J.

Heard learned Counsel for the petitioner, learned AGA, learned Counsel for the complainant and perused the record.

This petition has been filed with the prayer to quash the impugned FIR dated 15.8.2017 in Case Crime No.1670 2017, under Sections 363 and 366 IPC, Police Station-Huzoorpur, District-Bahraich contained as Annexure No. 1 to this writ petition and further prayer is to direct the respondents not to proceed, prosecute and arrest the petitioner in pursuance of the impugned FIR and also to direct the opposite party no. 1 to investigate the matter from outside the district in the interest of justice.

The submission of the learned Counsel for the petitioner is that opposite party no.4 is major. As per the medical evidence (X-ray Report) contained in Annexure No.3 to the writ petition, her age is about 19 years. He has further submitted that in the statement recorded by the opposite party no.4 under Section 161 Cr.P.C. and 164 Cr.P.C., the opposite party no. 4 has admitted that she has gone to Punjab with the petitioner out of her own free will and consent where they had got married in the temple.

Considering the submissions of the learned Counsel for the petitioner, let counter affidavit be filed by the opposite party no.4 within four weeks. Two weeks time is granted to the petitioner for filing rejoinder affidavit thereafter.

List thereafter.

In the  meantime, it is provided that the petitioner Chaitu alias Ghanshyam Yadav shall not be arrested in above mentioned case till next date of listing. It is further provided that the respondents shall not interfere in any manner with the matrimonial life of the petitioner with his wife Usha Devi.

Order Date :- 13.10.2017/Neeraj