Shobhit @ Mukesh Kumar & Anr. vs State Of ...
2021 Latest Caselaw 8768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 15752 of 2021
 

 
Petitioner :- Shobhit @ Mukesh Kumar & Anr.
 
Respondent :- State Of U.P.Thru.Prin.Secy.Home,Lko.& Ors.
 
Counsel for Petitioner :- Somesh Tripathi,Ratna Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Saroj Yadav,J.

Heard Shri Anuj Dubey, Advocate holding brief of Shri Somesh Tripathi, learned counsel for the petitioners and Ms. Nand Prabha Shukla, 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 this is the second writ petition filed by the petitioners as first writ petition in Misc. Bench No.15065 of 2021 was dismissed by this Court vide order dated 20.07.2021 with liberty to file fresh with proper array of parties.

It is further submitted that as per the F.I.R. itself petitioner no. 2 is a major girl aged about 18 years. She has voluntarily eloped with petitioner no. 1 and has also solemnized marriage with him on 21.06.2021 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.

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

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

List after six weeks.

Prima facie arguments advanced appear to have some substance and require consideration by this Court as such pursuant to impugned FIR No. 0361 of 2021 under Section 366 IPC, police station Pihani, District Hardoi until further orders, arrest of the petitioner no.1- Shobhit alias Mukesh Kumar 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.

(Saroj Yadav, J.) (Ramesh Sinha, J.)

Order Date :- 27.7.2021

Arnima