Allahabad High Court High Court

Mushtaq S/O Sultan vs State Of U.P. Thru Prin. Secy. Home … on 13 January, 2010

Allahabad High Court
Mushtaq S/O Sultan vs State Of U.P. Thru Prin. Secy. Home … on 13 January, 2010
Court No. - 25

Case :- MISC. BENCH No. - 11225 of 2009

Petitioner :- Mushtaq S/O Sultan
Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors.
Petitioner Counsel :- Shailendra Kumar Singh
Respondent Counsel :- G.A.

Hon'ble Abdul Mateen,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard learned counsel for the parties.

Counter affidavit filed by the complainant and supplementary affidavit filed
in pursuance of order dated 16.12.2009 passed by this Court are taken on
record. Along with the supplementary affidavit, inquiry report of the
Superintendent of Police, Rae Bareli has also been filed.

We have gone through the inquiry report and other documents annexed
hereto.

It appears that after the prosecutrix was handed over to her father, the
petitioner again snatched her away from the lawful custody of her father. The
age of the prosecutrix, according to the documents available on record, is 17
years, as such again an FIR vide case crime no. 978 of 2009 under Section
363, 366, 368 & 376 IPC was lodged at police station Nasirabad, district Rae
Bareli against the petitioner.

Learned counsel for the petitioner prays for and is allowed six weeks time to
file rejoinder affidavit to the supplementary affidavit filed by the State today.

List after six weeks.

Till next listing, interim orders granted earlier, shall continue to remain
operative.

Order Date :- 13.1.2010
anb