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2025 DAILYLAW 104507 (ALL)

RAGANI PATEL AND ANOTHER v. State of UP AND 3 OTHERS

CRLP/19526/2024 · 2025-01-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14184-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 19526 of 2024 Petitioner :- Ragani Patel And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Mustaqeem Ahmad,Rifaqat Husain Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,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 26.09.2024 registered as Case Crime No.0393 of 2024, under Sections 137(2), 87, 351(2) B.N.S., 2023 and Section 3/5(1) of U.P. Unlawful Conversion of Religious, 2021, Police Station-Vishunpura, District-Kushinagar and not to arrest the petitioners pursuant to the said FIR. 3. The contention of learned counsel for the petitioners is that as per High School Certificate, the date of birth of petitioner no. 1 is 01.08.2005 and she is major. He further submitted that petitioner no.2 is totally innocent and petitioner no.1 has not converted her religion as alleged in the FIR. He further submitted that no offence as alleged is made out. It is also submitted that the first petitioner is now residing with her parents. 4. Per contra, learned A.G.A., on the instructions, stated that statement of petitioner no.1 has already been recorded under section 183 B.N.S.S., 2023. 5. Considering the aforesaid factual situation, as enumerated before us, we are not inclined to keep the matter pending consideration and with the consent of the parties, we dispose of the writ petition with the observation that the I.O. may proceed in the matter in accordance with law but certainly taking into account the statement of petitioner no.1 recorded under section 183 B.N.S.S. Order Date :- 31.1.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad