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2012 Supreme(All) 1468

AJAI LAMBA
Sonu Paswan – Appellant
Versus
State of U. P. and Another – Respondent


Advocates:
Counsel for the Petitioner: A.Z. Siddiqui.
Counsel for the Opposite Party : G.A.

Ajai Lamba, J.;—

Sonu Paswan has filed this petition under Section 482 of the Code of Criminal Procedure with the prayer that order dated 28.4.2012 (Annexure-1) be quashed.

Perusal of impugned order indicates that In-charge, Chief Judicial Magistrate, Balrampur, vide the impugned order, has sent Rekha Devi, the wife of the petitioner to Nari Niketan, Utraula, District Balrampur, while noticing that according to school certificates Rekha Devi is a minor. It has further been noticed that Rekha Devi did not want to go to her parents' house, because she had apprehension that her life would be in danger in their company, because father of Rekha Devi, namely, respondent no.2 wanted Rekha Devi to be married to a person of advanced age.

Vide order dated 24.5.2012 Rekha Devi was directed to be produced in court from Nari Niketan, Utraula, District Balrampur.

Rekha Devi is present in court, as identified by constable, Mina Devi of Police Line, Faizabad.

Rekha Devi states that she got married to Sonu Paswan, the petitioner, and wants to live in her matrimonial home.

Learned counsel appearing for the respondent/complainant states that Rekha Devi is a minor and, therefore, cannot be sent in the custo


























































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