Neutral Citation No. - 2025:AHC-LKO:5122-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 536 of 2025 Petitioner :- Jitendra Kumar @ Guddu Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Petitioner :- Vaibhav Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A., who appears for the State- respondent nos.1 to 3 and Shri Vishnu Pratap Singh, Advocate, who has filed his Power on behalf of the opposite party no.5, the alleged victim. The same is taken on record. This writ petition has been filed by the petitioner with the following main prayers :- "(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 10.01.2025 lodged by opposite party no.4 as F.I.R. No.0012 of 2025, under Section 87 of B.N.S. Act, 2023 pertaining to Police Station Kotwali Rudauli, District Ayodhya. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 10.01.2025 lodged by the opposite party no.4 as F.I.R. No.0012 of 2025, under Section 87 of BNS Act, 2023 pertaining to Police Station Kotwali Rudauli, District Ayodhya." It is the case of the petitioner that opposite party no.4, the alleged victim is major and has gone with the petitioner out of her own sweet will and there is no abduction or kidnapping as alleged in the impugned F.I.R. The counsel appearing for the opposite party no.5 also does not dispute that the opposite party no..5 had gone with the petitioner out of her own sweet will. The learned A.G.A. has produced before this Court copy of instructions sent by Sri Jai Singh, Sub- Inspector, Police Station Kotwali Rudauli, District Ayodhya, dated 20.01.2025. The copy of instructions is kept on record. It appears from the instructions that the statement of the victim, opposite party no.5 has not yet been recorded under Sections 180 and Section 180 (3) of BNSS, 2023. Since the alleged victim has been recovered, the writ petition is disposed of with a direction to the opposite party no.3, Station House OfÏcer, Police Station Kotwali Rudauli, District Ayodhya to ensure that the statement of the alleged victim is recorded under Section 180 of BNSS, 2023 and that she produced before the Court concerned within a week thereafter and her statement is recorded by the Court concerned within two weeks of such production. The petitioner is directed to produce the Opposite party no.5 before the S.H.O. on 04.02.2025 at 2:00 P.M. in the police station concerned for the said purpose. Till such time that an appropriate order is passed by the Court concerned, the arrest of the petitioner-Jitendra Kumar alias Guddu in pursuance of the impugned F.I.R. shall remain stayed subject to his full cooperation in the investigation. This interim protection is granted to the petitioner on the condition that the petitioner shall comply with our direction for production of opposite party no.5 before the opposite party no.3, Station House OfÏcer, Police Station Kotwali Rudauli, District Ayodhya on the date fixed at the time provided in this order. In case of non-compliance of the order passed today by this Court, the interim protection granted herein above shall automatically come to an end without any further reference to this Court. Order Date :- 27.1.2025/Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench