SHRAWAN KUMAR SHARMA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shrawan Kumar Sharma v. State Of U.P. & Others - WRIT - C No. 21237 of 2006 [2006] RD-AH 7997 (19 April 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 21237 OF 2006

Shrawan Kumar Sharma          

Versus.

State of U.P. & Ors

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Dilip Gupta, J.

This writ petition has been filed  for quashing the impugned order dated 23.3.2006 (Anex. 8), passed by the respondent no. 1, by which the Additional District Magistrate (Nagar Meerut) has issued direction that the alleged wife of the petitioner be handed over to the respondent no. 2 her father.

Petitioner claims to have got married with one Sudha Sharma on 9.11.2005. However, her father filed F.I.R. against him under Sections 363/366 I.P.C. and the criminal proceedings are pending. The petitioner had approached this Court by filing Criminal Writ Petition No. 1469 of 2006 as the said writ petition is still pending, wherein, arrest of the petitioner has been stayed vide order dated 14.2.2006, but, further direction has been issued to complete the investigation.

While passing the impugned order, the learned respondent no. 1 had taken into consideration the evidence led by her father, and particularly as per the evidence led by her father, she is minor even today, as her School Register reveals that her date of birth is 15th August, 1988.

In view of the fact that the alleged wife of the petitioner is minor even today and he is facing the criminal case, we are not inclined to interfere with the order  impugned.

Petition is accordingly dismissed.

19.4.2006

AKSI

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