Allahabad High Court
Ramesh Kumar Saket vs State Of U.P.Through Prin. Secy. Home ... on 9 August, 2010
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- MISC. BENCH No. - 7677 of 2010 Petitioner :- Ramesh Kumar Saket Respondent :- State Of U.P.Through Prin. Secy. Home Lko.And Ors. Petitioner Counsel :- Satyandra Singh Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Under challenge in the FIR relating to Case Crime No. 207 of 2010, under Sections 366 & 506 IPC police station-Banthra, District Lucknow lodged by O.P.No. 3 alleging therein that his daughter Ram Rani has been lifted from his house by Ramesh Kumar Saket, petitioner with ulterior motive and her life is not safe.
This petition has been filed by Ramesh Kuamr Saket , one of tthe accused with the allegation that he has already married with Km. Ram Rani whose date of birth is 15.2.1990 as per high school certificate , copy of which has been annexed as Annexure -3 to the writ petition of her own choice vide annexure -4 to the writ petition. Learned counsel for the petitioners relies upon the law laid down by the Apex Court in the case of Lata Singh Vs. State of UP and another reported in AIR 2006 SC 2522 and submits that since Km. Ram Rani and Ramesh Kumar Saket petitioner are major, they have got every right to marry a person of their own choice, which they have done, as such, this FIR is an outcome of vengeance and is liable to be quashed.
There seems some substance in the argument advanced by the learned counsel for the petitioner.
Accordingly, we direct for issuing of notice to opposite party no. 3, returnable at an early date.
Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks.
List this petition after expiry of the said period.
Till the next date of listing,the petitioner shall not be arrested in the aforesaid case crime number. However, investigation shall go on and the petitioners shall cooperate with the same.
Order Date :- 9.8.2010 R.P/