Bipin Kumar & Anr. vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 6842 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 13268 of 2021
 

 
Petitioner :- Bipin Kumar & Anr.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow & Ors.
 
Counsel for Petitioner :- Awaneesh Yadav
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Vikas Kunvar Srivastav,J.

The Court has convened through Video Conferencing.

Heard Shri Awaneesh Yadav, learned counsel for the petitioners, Ms. Meera Tripathi, learned A.G.A. for the State-respondent nos.1 to 3 and perused the F.I.R. as well as material brought on record.

Learned counsel for the petitioners submits that as per the High School Marksheet, petitioner no. 2 is a major girl aged about 19 years. She has voluntarily eloped with petitioner no. 1 and has also solemnized marriage with him on 10.06.2021 and at present both of them are willing to live 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 opposite party nos. 1 to 3.

Issue notice to 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 F.I.R. dated 10.06.2021, registered as Case Crime No. 0184 of 2021, under Section 366 IPC, Police Station Purwa, District Unnao, until further orders, arrest of the petitioners, namely, Bipin Kumar and Smt. Pranchi 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 :- 30.6.2021
 
kkv/
 
[Vikas Kunvar Srivastav,J.]    [Ramesh Sinha,J.]