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Allahabad High Court · body

2016 DIGILAW 2267 (ALL)

Naipal v. State of U. P.

2016-07-01

ASHWANI KUMAR MISHRA, DILIP GUPTA

body2016
JUDGMENT The petitioner is permitted to implead Madhu Rani as respondent No.5 to the writ petition during the course of the day. 2. This petition has been filed for quashing the First Information Report dated 20 June 2016 which has been registered as Case Crime No.0233 of 2016, under section 366 of the Indian Penal Code, 1860, Police Station Kutubsher, District Shahranpur. 3. It is stated that both petitioner No.1 and the newly impleaded respondent No.5 Madhu Rani appears to be major as their date of births are 1 January 1976 and 1 August 1993 respectively. It is also stated that petitioner No.1 and respondent No.5 got married at Arya Samaj Mandir (Regd.), District Ghaziabad on 19 June 2016 and a marriage certificate has also been enclosed. 4. An affidavit has been filed in this petition by petitioner No.1. Petitioner No.1 and respondent No.5 are also present in the Court and they have been identified by their counsel Ms. Amrita Rai. 5. In such circumstances, when prima facie both petitioner No.1 and respondent No.5 are major, it will be appropriate that respondent No.5 may appear before the Chief Judicial Magistrate, Shahranpur within 15 days from today for getting her statement recorded under Section 164 of the Code of Criminal Procedure, 1973. However, no coercive action shall be taken against petitioner No.1 and respondent No.5 in Case Crime No.0233 of 2016, under Section 366 of the Indian Penal Code, 1860, Police Station Kutubsher, District Shahranpur 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 respondent No.5 appears before the Chief Judicial Magistrate, Shahranpur. 6. In case, respondent No.5 fails to appear before the Chief Judicial Magistrate, Shahranpur within 15 days from today, the protection granted by this Court shall stand withdrawn. The writ petition is disposed of.