High Court of Judicature at Allahabad
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Kapil v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 370 of 2007  RD-AH 919 (15 January 2007)
Hon'ble R.C. Deepak, J.
Hon'ble S.C.Nigam, J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioner that lesser age of the victim Pinki has been shown in the impugned FIR. In fact she is major as her date of birth is 12.8.1987 as disclosed in her high school mark sheet (Annexure 3 to the petition) and being major she and petitioner have earned a right to enter into marital tie and to lead a meaningful dignified life as guaranteed under Constitution of India and in order to prove their marriage, they have filed a copy of the marriage certified (Annexure 2 to the petition ) but pursuant to the impugned FIR, the police is trying to effect his arrest. He is are ready to co-operate with the investigation.
Considering the facts and circumstances of the case, issue notice to respondent no.2 to file counter affidavit within four weeks. The same is also given to the investigating officer for the purpose.
List on 1.3.2007.
The investigation of case crime no. 463 of 2006 under Section 363, 366, 506 IPC PS Shikandrabad, Distt. Bulandshahr shall go on but the arrest of the petitioner shall not be effected till the date fixed, provided he co-operates with the investigation.
It is further ordered that the respondent no.2 and his family members shall in no way coerce the abovenamed victim and the petitioner and shall not interfere in their marital life.
Dt/- 15th January 2007
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