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2025 DAILYLAW 147046 (ALL)

ARUN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND OTHERS

CRLP/5365/2025 · 2025-06-25

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36319-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5365 of 2025 Petitioner :- Arun And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Hemant Tripathi, Gaurav Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State respondent and perused the record. 2. The FIR in question was lodged alleging that the sister of the informant aged about 16-17 years was missing and was enticed away by the petitioners. 3. The counsel for the petitioners states that subsequently after recovery, the victim gave a statement stating that she had gone out of her own free will and volition and also specifically stated that she did not know the petitioners. The said statement has been produced by the learned A.G.A. made under Section 183 BNSS. 4. In the light of the said, the submission of the counsel for the petitioners is that the petitioners are being falsely prosecuted. 5. Learned A.G.A. states that charge-sheet has not yet been filed. 6. Considering the said statement of the victim recorded under Section 183 BNSS in favour of the petitioners, the present petition is disposed off with observation that the petitioners shall not be arrested till the filing of the police report. {Kshitij Shailendra,J.} {Pankaj Bhatia, J.} Order Date :- 25.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench