Ram Kali And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5009 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3615 of 2022
 

 
Petitioner :- Ram Kali And Others
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others
 
Counsel for Petitioner :- Hari Prasad,Amit Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Ajai Kumar Srivastava-I,J.

Heard Shri Hari Prasad, learned Counsel for the petitioners, Ms. Ruhi Siddiqui, learned A.G.A., who has accepted notice on behalf of respondents no.1, 2 and 3, and perused the impugned F.I.R. as well as material brought on record.

The present writ petition has been filed by the petitioners with a prayer to issue a writ of certiorari to quash the impugned FIR No.203 of 2022, under Section 366 I.P.C. Police Station Shivgarh, District-Rae Bareilly dated 10.05.2022 with a further prayer not to proceed, prosecute or arrest the petitioners on the basis of first information report dated 10.05.2022.

Learned counsel for the petitioners submits that the daughter of informant, namely, Kumari Puja is a major girl aged about 21 years as per high school certificate wherein her date of birth has been mentioned as 07.03.1999, a copy of which has been annexed as Annexure no.5 to the writ petition. She has solemnized marriage on her own sweet will with Pintu Pasi, who is son of petitioner no.1 on 15.06.2021 according to Hindu rites. 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 committed under Section 366 I.P.C., cannot be approved of.

Prima facie arguments advanced appear to have some substance and require consideration by this Court, therefore, a case for interim relief is made out.

Issue notices to respondent nos.4 and 5. Steps be taken within ten days.

Let a counter affidavit be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after six weeks.

Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of petitioners, namely, Ram Kali, Babadeen and Basudev in pursuance of the impugned FIR shall remain stayed, of course subject to the restraint that they shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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(Ajai Kumar Srivastava-I,J.) (Ramesh Sinha,J.)

Order Date :- 7.6.2022

Mahesh