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Allahabad High Court · body

2016 DIGILAW 2260 (ALL)

Seelam v. State of U. P.

2016-06-30

ASHWANI KUMAR MISHRA, DILIP GUPTA

body2016
JUDGMENT This petition has been filed for quashing the First Information Report dated 26 May 2016 which has been registered as Case Crime No.246 of 2016, under Sections 363 and 366 of the Indian Penal Code, 1860, Police Station Chauri Chaura, District Gorakhpur. 2. Petitioner Nos. 1 and 2 have filed joined affidavit. It is stated that both petitioner Nos.1 and 2 are major. It is also stated that petitioner Nos.1 and 2 got married at Fulwari Marriage House Shivepur, Sahbajganj, Gorakhpur as per hidu rites on 20 6.2016. 3. Petitioner Nos.1 and 2 are also present in the Court and they have been identified by their counsel Shri Akhil Ranjan. 4. In such circumstances, when prima facie both petitioner Nos.1 and 2 are major, it will be appropriate that both petitioner Nos.1 and 2 may appear before the Chief Judicial Magistrate, Gorakhpur within 15 days from today for getting their statement recorded under Section 164 of the Code of Criminal Procedure, 1973 and for medical examination for determination of their age. However, no coercive action shall be taken against the petitioners in Case Crime No.246 of 2016, under Sections 363 and 366 of the Indian Penal Code, 1860, Police Station Chauri Chaura, District Gorakhpur till the date of submission of the police report under Section 173(2) Cr.P.C. It is also directed that the Investigating Officer shall complete the investigation within four months from the date petitioner No.1 appears before the Chief Judicial Magistrate, Gorakhpur. 5. In case, petitioner Nos.1 and 2 fail to appear before the Chief Judicial Magistrate, Gorakhpur within 15 days from today, the protection granted by this Court shall stand withdrawn. The writ petition is disposed of.