Neutral Citation No. - 2025:AHC-LKO:5995-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 754 of 2025 Petitioner :- Jbel @ Jabel Ali And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. Lko. And Others Counsel for Petitioner :- Ankit Mishra,Swati Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of CERTIORARI quashing the impugned first information report dated 17.01.2025 registered at Case Crime No. 0023/2025, Under Section - 137(2) BNS, Police Station - Ramgaon, District Bahraich as contained in Annexure no.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.2 to 3 not to arrest the petitioners in in the above noted F.I.R. number, during pendency of writ petition." 3. Learned counsel for the petitioners has submitted that both the petitioners are major and are living together in a live-in relationship, but the opposite party no. 4, the mother of the petitioner no.2 has lodged F.I.R. against the petitioner no.1. 4. Learned A.G.A. for the State Respondents has produced before this Court a copy of written instructions sent by the Sub- Inspector of Police, Police Station- Ramgaon, District- Behraich wherein it has been stated that the petitioner no.2 is not educated, and therefore, the Parivar Register was pursued carefully and it has been come out from the same that she was born on 08.02.2008 and is currently of 16 years and 11 months old. The victim, the petitioner no. 2 being only a minor her consent is no consent in the eyes of law. 5. The Investigating Officer has also stated that attempts are being made to recover the victim from the petitioner no. 1, namely, Jbel @ Jabel Ali, so that her statement can be recorded before the Court concerned. 6. The written instructions are kept on record. 7. Both the petitioners are present in person in Court and from the mere look at the petitioner no.2, we find indeed she appears to be a minor. 8. We do not find it appropriate to grant the prayer as made in this writ petition. 9. Accordingly, the writ petition stands dismissed. Order Date :- 28.1.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench