High Court of Judicature at Allahabad
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Smt. Saida And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 3033 of 2006  RD-AH 8252 (24 April 2006)
Ho'ble R. C. Deepak, J.
Hon'ble M. K. Mittal,J.
Heard Sri M.S.Haq, learned counsel for the petitioners, learned A.G.A. and perused the record.
It is contended by learned counsel for the petitioners that the petitioner no. 1 Saida @ Jyoti is major but there is no documentary proof of her age. She willingly entered into marital tie with petitioner no. 2 namely Shanu and procured a child out of this wedlock and since she performed her marriage against the wishes of her parents in different caste and religion, therefore the impugned F.I.R. has been lodged.
Notice was directed to be issued to respondent no. 4 but it appears that no service as been affected upon her to put in appearance before the Court.
Considering the facts and circumstances of the case, steps be taken within two weeks to serve notice upon respondent no. 4. The above named Saida is directed to appear before the C.M.O., Kanpur Nagar along with certified copy of this order and a coloured photograph of her own. The Chief Medical Officer, Kanpur Nagar shall get her medically examined, after getting her identity established, to ascertain her age and submit his report within two weeks from today.
The case shall appear on list on 10.7.2006. In case the investigation in Case Crime No. 376 of 2004 under Sections 363, 366 IPC, P.S. Naubasta, District Kanpur Nagar has not been concluded, the same shall go on but the arrest of the petitioners shall not be effected till the date fixed, provided the petitioners cooperate with the investigation.
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