Smt. Zohra @ Zoya Bano And Anr. vs State Of U.P. Thru Prin. Secy. Home ...
2021 Latest Caselaw 7869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 14412 of 2021
 

 
Petitioner :- Smt. Zohra @ Zoya Bano And Anr.
 
Respondent :- State Of U.P. Thru Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Mohd.Imran Khan,R.A.Khan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

The Court has convened through Video Conferencing.

Heard Shri Mohd. Imran Khan, learned counsel for the petitioners and Ms. Smiti Sahay, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

Learned counsel for the petitioners submits that as per the F.I.R. and Birth Certificate, the petitioner no. 1 is a major girl aged about 18 years and as per her birth certificate her date of birth is 01.01.2003. She has voluntarily eloped with petitioner no. 2 and has also solemnized marriage with him on 28.05.2021 and at present both of them are living together as husband and wife. 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.

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. Steps be taken within two weeks.

List thereafter.

Prima facie arguments advanced appear to have some substance and require consideration by this Court as such pursuant to impugned Case Crime No. 0288 of 2021 under Section 366 IPC, police station Thakurganj, District Lucknow West (Commissionerate Lucknow) until further orders, arrest of the petitioners, namely, Smt. Zohra Bano @ Zoya Bano and Mohd. Moin shall remain stayed.

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.

The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 13.7.2021

Arnima