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2015 DIGILAW 1183 (ALL)

Seema v. State of U. P. Thru Sect.

2015-05-12

A.P.SAHI, VIJAY LAKSHMI

body2015
JUDGMENT Heard learned counsel for the petitioners, Sri Sujeet Kumar for the respondent no.4 and the learned A.G.A. for the respondents no.1, 2 and 3. 2. The petitioners had previously filed Criminal Misc. Writ Petition No.11491 of 2015. The same was permitted to be withdrawn and was dismissed with liberty to file a fresh writ petition keeping in view the submissions which had been raised and the pleadings which were wanting. 3. This writ petition has been filed today and keeping in view the nature of the urgency of the allegations of threat against the life of the petitioners, we had summoned this writ petition from the Registry for being taken up today with the consent of the parties. 4. Upon hearing of the same we find that the petitioner no.1 appears to have started living with the petitioner no.2. They allege that they have married, but we are not entering into this question as to whether their marriage is valid or not. However, in view of the law laid down in the case of Lata Singh Vs. State of U.P. 2006 (5) SCC Page 475, petitioners now seek protection from this Court. 5. The prayer in the writ petition is to quash the order dated 27.4.2015 in Case Crime No.176 of 2015, under Sections 363/366 IPC where the allegations against the petitioner no.2 is that he has eloped with the petitioner no.1. Both the petitioners are stated to be present in Court and they have been identified by their counsel. 6. The submission appears to be that the petitioners' peaceful life of living together is being interfered with and, therefore, suitable directions be issued in order to protect them from any threat. An FIR has already been lodged. It is, therefore, open to the Investigating Agency to investigate the same and submit a police report in terms of Section 173(2) Cr.P.C. 7. An FIR has already been lodged. It is, therefore, open to the Investigating Agency to investigate the same and submit a police report in terms of Section 173(2) Cr.P.C. 7. In this view of the matter we are not quashing the FIR, but at the same time in view of the legal position that emerges and the fact that the petitioner no.1 claims herself to be a major, we provide that no coercive steps shall be taken against the petitioner no.2 nor shall he be arrested in Case Crime No.176 of 2015, under Sections 363, 366 IPC, Police Station Garhmukeshwar, District Hapur, till submission of police report under Section 173(2) Cr.P.C. We further provide that the petitioners shall be afforded ample security for their travelling from Allahabad to their destination which shall be secured by the police for which appropriate directions shall be issued by the Registrar General/Incharge Registrar General of this Court. The concerned Police Authorities shall take appropriate steps in the matter forthwith. 8. The Police is further directed to take prompt and immediate action as and when any threat is extended or any assault is made on the life of the petitioners. This direction shall also be applicable for the Superintendent of Police, Hapur-respondent no.2 as well as the concerned Station House Officer-respondent no.3. 9. The writ petition is disposed of with the aforesaid directions. This order shall be brought to the notice of the Registrar General of this Court who shall take appropriate action as directed hereinabove.