Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 14411 of 2010 Petitioner :- Virendra And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- I.M. Khan Respondent Counsel :- Govt. Advocate Hon'ble Amar Saran,J.
Hon’ble Surendra Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
for the State.
This petition was filed for quashing the F.I.R. at Case Crime No.
673 of 2010 under sections 366 and 506 I.P.C., P.S. Milak, district
Rampur.
High School certificate showed that petitioner No. 6 was 22 years
in age, her date of birth being 01.07.1988. Marriage certificate is
also annexed showing that petitioners No. 1 and 6 fell in love and
married.
In this view of the matter, issue notice to the respondent No. 3.
State and Respondent No. 3 may file counter affidavit within four
weeks. Rejoinder affidavit may be filed within two weeks
thereafter.
List on 21.9.2010.
Till the next date of listing or till the submissions of the charge
sheet, whichever is earlier, the arrest of the petitioners in the
aforesaid case crime shall remain stayed, provided they co-operate
with the investigation.
A supplementary affidavit has also been filed, in which there is
some grave allegation that when the petitioner No. 6 Reeta
Gautami and petitioner No. 1 Virendra were standing before the
counter of the High Court for getting a pass made at 10 a.m., the
respondent No. 3 along with 4 or 5 other persons armed with rifles
and gun arrived there and gave slaps to petitioner No. 1 and
snatched Reeta Gautami and they ran away in an auto car.
In this view of the matter, S.P. Rampur is directed to probe these
allegations and to give protection to petitioner No. 6. He should
also get 164 Cr. P. C. statement of petitioner No. 6 recorded by the
C.J.M. Rampur or by concerned Magistrate within 10 days of the
production of the certified copy of this order and submit a report to
this Court on the next date of listing.
Let a copy of this order be issued to the learned A.G.A. within 24
hours.
Order Date :- 9.8.2010
HSM
