VIJAY SETH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. Gone through the record. Under challenge in this writ petition is F.I.R. relating to case crime No. 758 of 2009 under Sections 363 and 366 IPC of police station Kotwali, district Sitapur lodged by opposite party no. 3 against the petitioner with respect to kidnapping of his daughter. Notice on behalf of opposite parties No. 1 and 2 has been accepted by learned Government Advocate. Issue notice to opposite party no. 3 returnable at an early date. The opposite parties shall file counter affidavit within six weeks. Two weeks thereafter are allowed to the petitioner to file rejoinder affidavit, if any. Submission of learned counsel for the petitioner is that the date of birth of the prosecutrix, as per the High School certificate is 03.06.1991. Copy of the High School Certificate has been annexed as Annexure- 2 to the petition. It is further submitted that on the date of marriage of the prosecutrix with the petitioner i. e. 07.06.2009, the prosecutrix was major and in view of the law laid down by the apex Court in the case of Lata Singh vs. State of U.P. and ors [AIR 2006 SC 2522] the proceedings against the petitioner are liable to be quashed. Taking into consideration the above aspect of the matter and the law laid down by the apex Court in the aforesaid case, it is provided that the petitioner shall not be arrested in the above mentioned case crime number till further orders of this Court or till submission of charge sheet, if any. However, investigation shall go on and the petitioner shall cooperate with it. List the petition after expiry of period granted for exchange of affidavits.