Allahabad High Court High Court

Shivam @ Shubham & Others vs State Of U.P. & Others on 21 June, 2010

Allahabad High Court
Shivam @ Shubham & Others vs State Of U.P. & Others on 21 June, 2010
Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 10838 of
2010

Petitioner :- Shivam @ Shubham & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Atul Tej Kulshrestha,Abhishek Kulshrestha
Respondent Counsel :- Govt. Advocate

Hon'ble V.K. Shukla,J.

Hon’ble Shyam Shankar Tiwari,J.

Learned A.G. A. has accepted notice on behalf of respondent Nos.
1, 2 and 3.

Issue notice to respondent No.4.

It has been contended on behalf of the petitioners that Shivam @
Shubham and Sapna petitioner Nos. 1 and 4 respectively are major
and on their own free will they have married.

In such situation there is no occasion of any offence being
committed under sections 363, 366 I.P.C. Police station Govind
Nagar, District Kanpur Nagar.

Prima facie, arguments advanced requires consideration by this
Court.

Consequently till the next date of listing or till submission of
report under Section 173 (2) of Cr.P.C. which ever is earlier,
petitioners shall not be arrested in Case Crime No.303 of 2010
under Sections 363 and 366 I.P.C. Police Station Govind Nagar,
District Kanpur Nagar subject to condition that petitioners shall
extend all possible cooperation with the on going investigation.

Order Date :- 21.6.2010
Pr/-