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2025 DAILYLAW 142384 (ALL)

JAN MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO . AND OTHERS

CRLP/4590/2025 · 2025-06-03

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34366-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4590 of 2025 Petitioner :- Jan Mohammad Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko . And Others Counsel for Petitioner :- Shailendra Kumar Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. Mr. Akhilesh Kumar Singh, learned Advocate has filed his Vakalatnama on behalf of opposite party No.4, today in the Court, which is taken on record. Heard Mr. Shailendra Kumar Shukla, learned counsel for the petitioner, Mr. Akhilesh Kumar Singh, learned counsel for the respondent No.4 and learned A.G.A. for the State-respondent and perused the material available on record. This Court has passed the order on 28.05.2025, which reads as Under:- 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 3.5.2025, bearing F.I.R./Case Crime No.0096 of 2025, for the offence under Sections 69, 64(2), 115(2), 351(3) of B.N.S., 2023, registered at Police Station Ranipur, District Bahraich. 3. Learned counsel for the petitioner submits that the petitioner is ready and willing to solemnize marriage with the victim. 4. In view thereof, let notice be issued to opposite party no.4, to be served through the Station House Officer, Police Station Ranipur, District Bahraich (opposite party no.3). Opposite party no.3 shall ensure presence of opposite party no.4 before the Court on 3.6.2025. 5. List this case on 3.6.2025." In compliance of the aforesaid order, the prosecutrix is present in the Court. S.I. Shailendra Kumar and Lady Constable Reeta Yadav, P.S. Ranipur, District Bahraich have ensured the presence of the prosecutrix. The respondent No.4/prosecutrix has stated that she is not ready to marry with the applicant as he is already married and this fact has been concealed from her. Though she was having relationship with the applicant, but after knowing the fact that he is a married person, she cannot live with him. After arguing at some length, learned counsel for the petitioner has requested that he may be permitted to not press this petition at this stage and liberty may be given to the applicant to file an appropriate application for seeking anticipatory bail. Accordingly, this writ petition is dismissed being not pressed, with the aforesaid liberty. Order Date :- 3.6.2025 A.K. Singh Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench