Rohit Gupta and Another v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16681 of 2023 Petitioner :- Rohit Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Bahadur Maurya Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

¶1Heard Sri A.B. Maurya, learned counsel for the petitioner and learned A.G.A. for the State and perused the record.

¶2By means of the present petition the petitioner is assailing the legality and validity of the F.I.R. lodged by Respondent No.4 against petitioner Rohit Gupta with the allegation that he has enticed away his daughter Guru Preet Kaur aged about 19-1/2 years.

¶3Learned counsel for the petitioner drawn the attention of this Court to the High School Certificate of Guru Preet Kaur (Annexure-3 to the writ petition), whereby as per the High School certificate her date of birth is Ist March, 2004 and on the date of incident she is probably a major girl who has her right to decide her future. She has choose Rohit Gupta as her right life partner and by means of the present petition, both Rohit Gupta and Guru Preet Kaur have sworn this affidavit jointly declaring that they have got married on 6.10.2023 at village Rajpura Kalan, P.S. Aliganj, district Bareilly as per the Arya Samaj Rites. It is also expected that they would be very soon got their marriage registered. It is expected from the petitioners to get the marriage registered by 30th November, 2023.

¶4Investigation shall go on unabated and it is also expected from the Investigating Officer that he shall file his report under Section 173(2) Cr.P.C. latest by 31st November, 2023.

¶5The petitioner shall cooperate in the investigation.

¶6Till the submission of report under Section 173 (2) Cr.P.C. by the police the petitioner shall not be arrested in Case Crime No. 498 of 2023 under Sections 363, 366 IPC, Police Station Aonla, District Bareilly.

¶7The instant writ petition is disposed of. Order Date :- 26.10.2023 Kumar Manish. . (Mohd. Azhar Husain Idrisi,J.) (Rahul Chaturvedi,J.) High Court of Judicature at Allahabad