JUDGMENT

Markandey Katju, J. — This writ petition under Article 32 of the Constitution of India has been filed with a prayer for issuing a writ of certiorari and /or mandamus for quashing the Sessions Trial No. 1201 of 2001 under sections 366 and 368 of the Indian Penal Code arising out of FIR No. 336 of 2000 registered at Police Station Sarojini Nagar, Lucknow and pending in the Fast Track Court V, Lucknow.

2. The facts of the case are as under:

The petitioner is a young woman now aged about 27 years who is a graduate and at the relevant time was pursuing her Masters course in Hindi in the Lucknow University. Due to the sudden death of her parents she started living with her brother Ajay Pratap Singh at LDA Colony, Kanpur Road, Lucknow, where she did her intermediate in 1997 and graduation in 2000.

3. It is alleged by the petitioner that on 2.11.2000 she left her brothers house of her own free will and got married at Arya Samaj Mandir, Delhi to one Bramha Nand Gupta who has business in Delhi and other places and they have a child out of this wedlock.

4. Thereafter on 4.11.2000, the petitioners brother lodged a missing person report at Sarojini Nagar Police Station, Lucknow and consequ