High Court of Judicature at Allahabad
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Smt. Beena @ Mahak And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 1716 of 2007  RD-AH 2179 (9 February 2007)
Hon'ble R.C.Deepak, J.
Hon'ble S.C.Nigam, J.
A mention has been made by the learned counsel for the petitioners that the victim is major and has voluntarily entered into a marital tie but the Police is harassing her and the person to whom she is married. The case is urgent one, therefore, it may be taken out of turn.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioners that lesser age of the victim Beena alias Mahak has been shown in the impugned FIR. In fact she is major as her date of birth as disclosed in the High School marksheet is 18.8.1983 (Annexure 2 to the petition). The abovenamed victim and the petitioner no.2 being major entered into a marital tie and to prove their marriage, they have filed the copy of the Nikahnama as Annexure 4. His further contention is that since the victim named above is Hindu and she has married to a Muslim boy, therefore, her mother is against this marriage and has made the impugned FIR on false allegations. The petitioner nos.2,3 and 4 are always available for interrogation and co-operate with the investigation, if any.
Considering the facts and circumstances of the case, issue notice to respondent no.4 to file counter affidavit within four weeks. The same time is granted to the investigating officer for the purpose.
List on 20.3.2007.
The investigation of case crime no. 46 of 2007 under Section 363, 366 IPC PS Kotwali Distt. Fatehpur shall go on but the arrest of the petitioner nos. 2, 3 and 4 shall not be effected till the date fixed, provided they co-operate with the investigation.
The respondent no.4 and her family members shall not coerce the petitioners in any manner whatsoever.
Dt/- 09th February, 2007
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