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2017 DIGILAW 68 (UTT)

HARDWARI LAL v. STATE OF UTTARAKHAND

2017-01-18

V.K.BIST

body2017
JUDGMENT Hon’ble V.K.Bist, J. Heard Mr. S.K. Chaudhary, learned counsel on behalf of the petitioner and Mr. K.S. Rautela, Government Advocate on behalf of the State of Uttarakhand. 2. Admit. 3. Issue notice to respondent no. 3 by registered post acknowledgement due. 4. The contention of learned counsel for the petitioners is that petitioner no. 1. got married with one Meenakshi on 26.11.2016 at Hanuman Shiv Mandir, Pilibhit. It is also the contention of learned counsel for the petitioners that petitioner no. 1 is aged 27 years and Meenakshi is aged 19 years. Both of them married of their own sweet will. When this fact came to the knowledge of the father of Meenakshi, he lodged the First Information Report at P.S. Rudrapur, District Udham Singh Nagar under Sections 363 and 366 of I.P.C. 5. Though generally interim protection is not granted to parties in the matter where First Information Report is registered under Sections 363 and 366 of I.P.C. but considering the fact mentioned in the writ petition that petitioner no. 1 married with Meenakshi, I direct that no coercive steps will be taken against the petitioners, provided they fully cooperate in the investigation. Learned counsel appearing for the petitioners undertakes that petitioner no. 1 and his wife Meenakshi will appear before the Investigation Officer on 19.01.2017 and will cooperate in the investigation. This Court makes it clear that in case the petitioners do not cooperate in the investigation, it will be open for the respondents to move an application for vacating the interim order. 6. Let certified copy of this judgment be supplied today itself. 7. Stay application stands disposed of.