AZMAT ALI @ MUNNA AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/22689/2025 · 2025-10-06
Divesh Chandra Samant, Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103284 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22689 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J.
HON'BLE DIVESH CHANDRA SAMANT, J. The vakalatnama of Mr. S.M. Nazir Abbas Abedi, Advocate representing the respondent no.4, is taken on record. It has been stated by the counsel for respondent no.4 that the petition be decided on the basis of facts stated and the documents annexed with the writ petition itself and no counter affidavit is to be filed in the case. Heard the counsel for the petitioners, the AGA for the State respondents and the counsel for respondent no.4. The present writ petition has been filed challenging the impugned First Information Report dated13.06.2025 in Case Crime No.0195 of 2025, under Sections 115(2), 352, 351(3), 89, 82(1), 61(2) of B.N.S. 2023 and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Babupurwa, District- Kanpur Nagar. It has been argued by the counsel for the petitioners that from the recital in the first information report itself, no offence under Section 89 B.N.S. is made out. Even assuming that the allegations made in the first information report are true, no intention can be attributed to the petitioners for committing the offence under Section 89 B.N.S. It has been argued that so far as other offences are concerned, the imprisonment is of less than seven years. It has been stated in the first information report that the first information report has been registered with the mala fide reasons to harass the petitioners. Versus Counsel for Petitioner(s) : Akhilesh Kumar Tripathi, Nikhilesh Kumar Chaudhary Counsel for Respondent(s) : G.A. Azmat Ali @ Munna And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
The AGA and the counsel for respondent no. 4 have opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance to the First Information Report dated13.06.2025 in Case Crime No.0195 of 2025, under Sections 115(2), 352, 351(3), 89, 82(1), 61(2) of B.N.S. 2023 and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Babupurwa, District- Kanpur Nagar till submission of the police report under Section 193 of Bhartiya Nyaya Sanhita, 2023.
October 7, 2025 Kalp Nath Singh CRLP No. 22689 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad