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False promise of marriage – Horoscope Examination of Rape Victim – Prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused – Order passed by the Allahabad High Court which directed the Head of Department (Astrology Department), Lucknow may decide the matter whether the girl is mangali or not is stayed.

Bysclaw

Jun 11, 2023

SUPREME COURT OF INDIA

VACATION BENCH

GOBIND RAI @ MONU — Appellant

Vs.

STATE OF UTTAR PRADESH — Respondent

( Before : Sudhanshu Dhulia and Pankaj Mithal, JJ. )

Suo Motu Writ Petition(Criminal) Diary No. 23462 of 2023 with Crl. Misc. Bail Appln. No. 13485 of 2022

Decided on : 03-06-2023

False promise of marriage – Horoscope Examination of Rape Victim – Prosecutrix is mangali, therefore, marriage could not be solemnized and the same has been refused – Order passed by the Allahabad High Court which directed the Head of Department (Astrology Department), Lucknow may decide the matter whether the girl is mangali or not is stayed.

Counsel for Appearing Parties

Mr. Tushar Mehta, SGI, for the Appellant; Mr. Ajay Kumar Singh, Advocate, for the Respondent.

ORDER

1. This Court takes a Suo Motu cognizance of this case which has been placed before us. The order passed by the learned Single Judge of the Allahabad High Court(Lucknow Bench) on 23rd May, 2023 while considering a bail application is the subject matter of this case. At this stage, we say nothing on the merits of the case, except that in the interest of Justice, the operation and effect of this order so far as it gives directions to the Head of the Department (Astrology Department), Lucknow University must be Mr. Tushar Mehta, learned Solicitor General of India is present before this Court representing the Union of India, who would also argue for the stay of the order presently before us.

2. Issue notice to all the parties concerned i.e. bail applicant, the complainant as well as the State of Uttar Pradesh. Mr. Ajay Kumar Singh, learned AOR representing the complainant/victim is already before us, who accepts notice on behalf of the complainant.

3. In the meanwhile, there shall be stay of the operation and effect of the order dated 23rd May, 2023 passed by the High Court of Judicature at Allahabad High Court(Lucknow Bench).

4. We make it clear that the matter will be taken up on merits of the bail application by the High Court on 26th June, 2023 which is the date already fixed in the matter.

5. List the matter in the week commencing from 10th July, 2023. We expect to have before us the contentions/objection of all the parties before the next date of hearing.

By sclaw

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