SHIVAM SINGH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/1827/2025 · 2025-02-11
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13215 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13215 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19912-DB
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1827 of 2025 Petitioner :- Shivam Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Tripathi 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 2.1.2025 registered as Case Crime No. 2 of 2025 under Section 87 BNS, P.S. Rajepur, Distt. Farrukhabad and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR.
3. It is submitted that first petitioner and daughter of the informant both 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 daughter of the informant before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the daughter of the informant 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