Court No. - 25 Case :- MISC. BENCH No. - 191 of 2010 Petitioner :- Ashutosh Kumar Srivastava S/O Kundan Kumar Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Syed Ahsan Abbas,Km. Shabana Rizvi Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate, who has accepted notice on behalf of opposite parties no.1 and 2.
Issue notice to opposite party no.3 returnable at an early date.
Let counter affidavit be filed by respective opposite parties within six weeks.
Rejoinder affidavit, if any, may be filed by the petitioner within next two
weeks.
List after expiry of the aforesaid period.
Under challenge is FIR relating to Case Crime No.821 of 2009, under
Sections 363/366 I.P.C., P.S. Aliganj, District- Lucknow.
We have gone through the contents of the FIR.
As its comes out that Km. Sangeeta who is a student of Integral University,
Lucknow had gone from her house along with the petitioner and her
whereabouts are not known.
The case which has been brought up by learned counsel for the petitioner on
behalf of petitioner Ashutosh Kumar Srivastava that he has married with Km.
Sangeeta. Since both the petitioner and Km. Sangeeta are major they can
choose partner of their choice as per the judgment laid down by the Apex
Court in the case of Lata Singh Versus State of U.P. and others reported in
(2006) 5 SCC (Criminal) page 475. The petitioner being major has got right
to marry a person of his choice, as such, FIR is liable to be quashed.
In view of the law laid down by Apex Court, we hereby direct that the
petitioner shall not be arrested in the aforesaid case crime number till further
orders of the Court or till submission of report under Section 169/173 Cr.P.C.,
whichever is earlier, provided he cooperates with the investigation, which
shall go on.
Order Date :- 12.1.2010
Aks