- (1.) BARKAT Ali Zaidi, J. These proceedings under Section 482 Cr. P. C. arise out of a case of elopement. The father of Smt. Reena lodged a First Information Report under Sections 363 and 366 I. P. C. against the respondents, on basis whereof, the proceedings were initiated. Besides the applicant No. 1, his brothers, wives of the two brothers and father of the applicant No. 1 are also arrayed as an accused.
(2.) WIFE of applicant No. 1 is the daughter of the complainant. When the matter came up before Division Bench in a Criminal Writ, following order was passed by the Division Bench : "supplementary affidavit filed, be taken on record. Heard learned Counsel for the petitioners, learned A. G. A. and perused the record. It is contended by the learned Counsel for the petitioners that the victim Reena is major and she willingly entered into marital tie with Shiv Nath and at the time of marriage Smt. Sunit, the elder sister of the abovenamed Reena was also present as is evidently clear from photographs appended as Annexure -2 to the writ petition. Considering the facts and circumstances of th case, issue notice to respondent No. 3 to file counter- affidavit within four weeks. The same time is granted to the Investigating Officer for the purpose. The case shall appear on list on 17th July, 2006. The investigation into the case Crime No. 64 of 2006, under Sections 363 and 366 I. P. C. P. S. Mohammadabad, District Farrukhabad shall go on but the Investigating officer shall not effect the arrest of the petitioners till tine date fixed provided they cooperate with the investigation. Sd/- R. C. Deepak, J. Sd/- M. K. Mittal, J. 28-4-2006. " Subsequent thereto, the police investigated the matter and submitted a charge-sheet under Sections 363 and 366 I. P. C. against all the accused.
(3.) THE accused have again come to this Court seeking decimation of the charge-sheet. Heard S. K. Pandey, learned Counsel for the applicants and Sri R. D. Yadav, learned A. G. A. for the State.;