Court No. - 25 Case :- MISC. BENCH No. - 2948 of 2010 Petitioner :- Vijay Kumar Maurya @ Pujari, S/O-Puttu Lal Maurya Respondent :- State Of U.P.,Thru. Prin. Secy., Home & Others Petitioner Counsel :- Rishad Murtaza,Ashok Kumar Singh Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is the FIR relating to Case Crime
No.165 of 2010 under Sections 363 and 366 IPC, Police Station Gola, District
Kheri.
We have gone through the contents of FIR. The gist of the argument which
has been advanced by the learned counsel for the petitioner is that the
respondent no.3 had lodged the present FIR with respect to her daughter
Kumari Kalpana to have been taken away by the petitioner for the purpose of
marriage.
The question is as to whether Kumari Kalpana Devi, who had married the
petitioner on 21.3.2010 vide Annexure No.3, was major on the date of
marriage or not.
Learned counsel for the petitioner has filed the document of Election
Commission issued in the year 2005 wherein the age of Km. Kalpana has
been shown to be 18 years.
Submission of learned counsel for the petitioner is that the age of Km.
Kalpana is 23 years on the date of marriage and she is major. Further
argument is that in view of the law laid down in the case of Lata Singh Vs.
State of U.P. reported in (2006) 5 ALJ 357 = (2006) 5 SCC 475, the petitioner
being major has got every right to marry a major girl as per his choice which
they have done as such this FIR is sham which has been lodged with ulterior
motive and is liable to be quashed.
There seems some substance in the arguments of the learned counsel for the
petitioner. Accordingly, we direct to issue notice to the respondent no.3
returnable at an early date. Let counter affidavit be filed within six weeks.
Rejoinder affidavit, may be filed within two weeks thereafter.
Till the next date of listing, it is provided that the petitioner shall not be
arrested in the aforesaid case crime number. However, the investigation shall
go on and the petitioner shall cooperate with the same.
Order Date :- 2.4.2010
Tripathi