Asrar Sekh @ Md. Asrar @ Md. Asrar ... vs The State Of Jharkhand
2023 Latest Caselaw 1850 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (Cr.) No. 180 of 2023
            1.   Asrar Sekh @ Md. Asrar @ Md. Asrar Sekh
            2.   Wayzul Islam @ Md. Wayezul Islam
            3.   Arif Hussain @ Arif Seikh
            4.   Benaruddin Sekh                                    ... Petitioners
                                         -Versus-
            1.   The State of Jharkhand
            2.   Superintendent of Police, Pakur
            3.   Officer-in-Charge of Pakur (M) Police Station, Pakur
            4.   Hazrat Belal
            5.   Masduka Khatoon                                     ... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners : Mr. Gautam Kumar, Advocate For the State : Mr. Devesh Krishna, S.C. (Mines)-III For Respondent No.5 : Mr. Ramchander Sahu, Advocate

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02/01.05.2023 Learned counsel for the petitioner submits that petitioner no.1 and

respondent no.5 are major and they have married on 19.03.2023. He

submits that in this background, father of respondent no.5 has filed the

present FIR alleging therein that petitioner no.1 has abducted respondent

no.5, who is daughter of respondent no.4.

2. Learned counsel has appeared suo motu on behalf of respondent no.5

and submits that marriage has taken place between the petitioner no.1 and

respondent no.5 and both are residing together and they are major.

3. Learned counsel for the petitioner submits that the case of the

petitioners is fully covered in light of the judgment passed by the Hon'ble

Supreme Court in Lata Singh v. The State of Uttar Pradesh and

others; [AIR 2006 (SC) 2522].

4. Learned counsel for the State shall take instruction and file counter

affidavit within three weeks.

5. Learned counsel for respondent no.5 is also directed to file counter

affidavit within the aforesaid period.

6. Issue notice upon respondent no.4 by ordinary process as well as

registered post with A/D, for which, requisites etc. must be filed within a

week.

7. Let it appear on 14.06.2023.

8. Till the next date, no coercive steps shall be taken against the

petitioners in connection with Pakur(M) P.S. Case No.65 of 2023, pending in

the court of the learned Sub-Divisional Judicial Magistrate, Pakur.

(Sanjay Kumar Dwivedi, J.) Ajay/