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2025 DAILYLAW 153264 (ALL)

SHIVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

CRLP/6723/2025 · 2025-07-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6723 of 2025 Petitioner :- Shiva Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Kunwar Ravi Prakash Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. This writ petition has been filed with the following main prayer:- "(i). Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 02.07.2025 at Case Crime No.393 of 2025, under Sections 87, 137(2) BNS,., 2023, Police Station Maurawan, District Unnao with regard to the petitioner contained as (Annexure No. 1) to the writ petition." 3. Learned AGA on the basis of instructions sent by Investigating Officer, Police Station Maurawan, District Unnao stated that victim is minor. Even the petitioner has not reached the marriageable age of 21 years. It has been submitted that victim could not be recovered till date and therefore, no statement under Sections 183 and 180 of BNSS could not be recorded. 4. This petition is disposed of with a direction to the petitioner to produce the victim before the Station House Officer of the Police Station Maurawan, District Unnao concerned on 31.07.2025 at 2 p.m. The Station House Officer shall get recorded the statement of the victim under Sections 180 and 183 BNSS and then file appropriate report before the court concerned. Instructions are taken on record. Order Date :- 28.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench