Allahabad High Court
Fakira @ Bhupendra And Others vs State Of U.P.And Another on 13 January, 2010
Author: Vineet Saran
Bench: Vineet Saran
Court No. - 55 Case :- APPLICATION U/S 482 No. - 33693 of 2009 Petitioner :- Fakira @ Bhupendra And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- A.K.Singh Respondent Counsel :- Govt.Advocate Hon'ble Vineet Saran,J.
Learned A.G.A. has accepted notice for the respondent no. 1.
Issue notice to the respondent no. 2 fixing a date immediately after eight weeks.
All the respondents may file counter affidavit by the next date.
The submission of the learned counsel for the applicants is that the petitioner no. 1-Fakira @ Bhupendra has married Minakshi, who is daughter of the respondent no. 2-Raj Kumar. The marriage certificate dated 12.1.2009 has been filed as Annexure No. 3 to this petition. It is submitted that the petitioner no. 1 and Minakshi are both adults, regarding which the certificate of Chief Medical Officer, Allahabad has been filed as Annexure No. 4 to this petition. It is further submitted that after the lodging of first information report, the petitioners had filed Criminal Misc. Writ Petition No. 2221 of 2009 in which an interim order that the petitioners as well as Minakshi shall not be arrested, had been passed. It is further submitted that petitioners have got married and both are adults and thus no case under Sections 363, 366, 120-B IPC would be made out.
Considering the facts and circumstances of this case and keeping in view the submissions of the learned counsel for the applicants, it is provided that till the next date of listing, further proceedings of Case No. 3686 of 2009 (State Vs. Fakira @ Bhupendra and others) arising out of Case Crime No. 1065 of 2008 under Sections 363, 366, 120-B IPC, Police Station: Quarsi, District:
Aligarh, pending in the Court of learned Chief Judicial Magistrate, Aligarh, shall remain stayed.
Order Date :- 13.1.2010 AbHiShEk