SHIVAM GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/5370/2025 · 2025-06-23
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147121 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36029-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5370 of 2025 Petitioner :- Shivam Gupta Respondent :- State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and others Counsel for Petitioner :- Rajendra Prasad,Suraj Kumar Bharti Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. While assailing the First Information Report dated 07.06.2025 under Sections 87 Bhartiya Nagrik Suraksha Sanhita, 2023 and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, submissions have been made that daughter of the informant being major, was forcing the petitioner to perform marriage with her, however, marriage between the parties was never solemnized. It is further contended that the girl is residing with her family and the petitioner is being harassed for no cogent reasons.
3. Considering the facts and circumstances of the case, we are satisfied that the petitioner is entitled to interim protection during investigation of the aforesaid case.
4. Accordingly, the writ petition is disposed of with the direction that petitioner shall not be arrested by the respondents till submission of police report under Section 193(3) Bhartiya Nagrik Suraksha Sanhita, 2023 subject to his cooperation in the pending investigation. Order Date :- 23.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench