RAM KUMAR MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of Constitution of India with the prayer for issuance of writ, order or direction in the nature of certiorari quashing the F.I.R. dated 2.6.2014 registered as Case Crime No. 159 of 2014, under Section 363 and 366 I.P.C., Police Station Aurai, District Sant Ravidas Nagar (Bhadohi) and also for issuance of a writ, order or direction in the nature of mandamus directing the respondents for not taking any coercive action against the petitioner pursuant to the aforesaid report.

(2.) After some arguments, learned counsel for the petitioner could not dispute that the allegations contained in the report, if taken to be correct on the fact of it, at this stage do disclose commission of cognizable offence but it is contended that the girl Pooja has already solemnized marriage with Amit Verma at Arya Samaj, Krishna Nagar, Prayag. To verify solemnization of marriage, photo copy of certificate issued by the aforesaid Arya Samaj, Krishna Nagar, Prayag under Arya Marriage Validation Act, 1937 read with Hindu Marriage Act, 1955 has been filed. Thus, it is contended that as a matter of fact, no offence has been committed under Section 363 and 366 I.P.C. and the petitioner, in any case, has no role in the matter. Therefore, the aforesaid report is nothing but a sheer harassment for something which is factually not correct. It is further contended that the petitioner has nothing to do in the matter in as much as he is only Manager in an educational institution namely Learner's Academy School, Khamahriya, Sant Ravidas Nagar where both, Pooja Jaiswal and Amit Verma, were working as teachers and having developed intimacy amongst them, they solemnized marriage without consent of the informant, for this reason alone, the report has been lodged naming the petitioner therein. When it was pointed out to the learned counsel for petitioner that, whatever he has argued, if is correct, it is always open to the girl and Amit Verma to appear before the Magistrate concerned and get their statements recorded so that appropriate order may be passed by the court, the learned counsel has said that he has no information regarding whereabouts of two persons namely Pooja Jaiswal and Amit Verma, hence cannot ensure their presence for recording their statements before Magistrate.

(3.) At this stage we cannot examine correctness of the factum of alleged marriage particularly when these facts are in the realm of evidence. It is open to the petitioner to bring all these facts before Investigating Officer or he himself can appear before Magistrate to get his statement recorded therein whereupon the Magistrate shall pass appropriate order accordingly. So far as the report is concerned, a bare reading of it discloses commission of a cognizable offence and rest are the things subject to investigation and to be looked into by court below whenever this matter is brought before it, in accordance with law.