SMT. ASHA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/1846/2025 · 2025-02-11
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11748 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11748 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19739-DB
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1846 of 2025 Petitioner :- Smt. Asha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushpraj Yadav 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 AGA for State respondents.
2. Present writ petition has been filed praying to quash the impugned First Information Report dated 07.01.2025 registered as Case Crime No. 0003 of 2025 under Section 137 (2) BNS, P.S. Chilla, Distt. Banda and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.
3. It is submitted that both the petitioners are major and have married with each other out of their own free will and as such no offence under the aforesaid Section is made out.
4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the petitioner No.1 appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and, thereafter, the Investigating Officer shall proceed in accordance with law.
5. For a period of two months from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. Order Date :- 11.2.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad