Smt. Pragati Devi And Another vs State Of U.P. And Another
2018 Latest Caselaw 4315 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 43205 of 2018
 
Applicant :- Smt. Pragati Devi And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Gaurav Singh Tomar,Subhash Gosain
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

This application under Section 482 Cr.P.C. has been filed for quashing the order dated 9.8.2018 passed by Ist Additional Sessions Judge, Jalaun at Orai in Criminal Case No. 01 of 2017 ( State Versus Nafees ) arising out of Case Crime No. 133 of 2016, under Sections 363, 366, 376 IPC and 3/C The Protection of Children from Sexual Offences Act, 2012, Police Station Dakor, District Jalaun pending before it and to set the applicant no. 1 at liberty from the confinement in Women Protection Home ( Nari Niketan), Kanpur.

Smt. Pragati Devi, petitioner no. 1 is present before this Court and she has conveyed that she is married with petitioner no. 2 i.e. Nafish Khan @ Nafees son of Shekh Mohammad in the year 2016. The dispute is regarding her age. She has already a child who is one and half years old.

At this stage as an interim measure, she is permitted to release from Nari Niketan, Kanpur forthwith and she is free to move where she wants whether her husband or live alone and she cannot continue in Nari Niketan. The petitioner no. 1 be sent to Nari Niketan and released from there today.

The order impugned dated 9.8.2018 passed by Ist Additional Sessions Judge, Jalaun at Orai shall remain stayed till 19.12.2018. On which date she shall remain present before this Court.

List on 19.12.2018.

This order be complied by today.

A copy of this order be sent to Nari Niketan, Kanpur today by FAX.

Order Date :- 14.12.2018/Mukesh