MAHBOOB AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/1319/2025 · 2025-02-16
Kshitij Shailendra, Mahesh Chandra Tripathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10394 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22167-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1319 of 2025 Petitioner :- Mahboob And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sameer Khan Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the record.
2. This writ petition has been filed praying to quash the first information report dated 31.12.2024 registered as Case Crime No.0451 of 2024, under Sections 137 (2), 352 of B.N.S.), Police Station-Khekada, District-Baghpat and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that petitioner no.3, namely, Muskan is major. Since petitioner no.3 and petitioner no.2 reside in same colony and they are known to each other very well, she has gone along with petitioner no.2, namely, Sahil on her own free will and as such no offence under the aforesaid sections is made out.
4. Be that as it may, the writ petition is disposed of with a direction to the Investigating Officer to record the statement of petitioner no.3 under Section 180 BNSS and also produce the petitioner no.3 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.3 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and thereafter the Investigating Officer shall proceed in accordance with law.
5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. (Kshitij Shailendra, J.) (M.C. Tripathi, J.) Order Date :- 17.2.2025
Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad