NADIR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/1441/2025 · 2025-02-18
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 123922 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123922 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10568-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1441 of 2025 Petitioner :- Nadir And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Sanjiv Kumar Singh,Rajesh Kumar Awasthi Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for petitioners and learned A.G.A. for the State. Petitioners have filed present writ petition challenging the First Information Report dated 19.01.2025 bearing Case Crime No.0014 of 2025, under Sections 87, 140(3) of Bhartiya Nyaya Sanhita, 2023, Police Station Tulsipur, District Balrampur.
Learned counsel for petitioners submits that there is variation between the F.I.R. and the statement recorded under Section 183 of B.N.S.S.,2023. He further submits that the informant as well as the petitioners are relatives and, in fact, real sisters of respondent no.4-informant who is married to the petitioner no.1. He further submits that it is because of the family dispute the present F.I.R. is lodged. Learned A.G.A. opposing the said submissions submits that there is no details given that there is any family dispute whatsoever. The allegations specifically made against the petitioners in the statement recorded under Section 183 of B.N.S.S.,2023 by the victim are that she is aged about 15-16 years and she was kidnapped along with her sister and was being forced to marry with Jabir against her wishes. From perusal of the F.I.R. and the statements recorded under Section 183 of B.N.S.S.,2023, cognizable offence is made out. Without any details or document that there is any family dispute
whatsoever between the parties, this Court cannot enter into the same. The writ petition is dismissed. (Brij Raj Singh,J.) (Vivek Chaudhary, J.)
Order Date :- 18.2.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench