SMT. HINA BANO AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
/7193/2025 · 2025-08-13
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156587 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47288-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7193 of 2025 Petitioner :- Smt. Hina Bano And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ram Sajivan Verma,Rakesh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Rakesh Kumar Singh, learned counsel for the petitioners, Sri Rishikesh Verma, learned AGA for the State and Sri Farooq Ayoob, learned counsel, who has filed Vakalatnama today on behalf of opposite party No.4, same is taken on record. 2. By means of this petition, the petitioners have assailed the impugned FIR dated 25.07.2025 bearing FIR/Case Crime No.0290 of 2025 under Section 87 of the Bhartiya Nyaya Sanhita, 2023 at Police Station- Asandra, District Barabanki. 3. Learned counsel for the petitioners has submitted that the present petitioners have been falsely implicated as they have not committed any offence as alleged. The petitioner No.1 belongs to Muslim community and petitioner No.2 belongs to Hindu community. Petitioner No.3 is a sister of petitioner No.2. Since the parties are present before the Court and have stated that they being major, wanted to get married each other under Special Marriage Act but due to the pressure created by the family members of petitioner No.1, who are not agreeable to the marriage, the police is harassing them and they are not able to perform the marriage. 4. Since, learned counsel for the parties and petitioners No. 1 & 2 are present in person and petitioners No. 1 & 2 are willing to get married under the provisions of Special Marriage Act so we do not find any reason to keep this petition pending any longer. Since the investigation is going on therefore, the statements of petitioners No. 1 & 2 should be recorded by the Investigating Officer. The Investigating Officer may demand relevant documents from the parties which are necessary for the purposes of investigation. The petitioner No.3 is a sister of petitioner No.2 has been implicated in the FIR therefore, she
shall also appear before the Investigating Officer on the date fixed. 5. All the petitioners shall appear before the Investigating Officer on 20.08.2025 at 11.00 a.m. sharp to record their statements. The Investigating Officer shall record their statement promptly without holding the petitioners in the police station unnecessary.
After recording their statements, the petitioners shall be permitted to leave the police station forthwith. The petitioners shall further cooperate in the investigation till completion of the investigation and till filing of the police report, failing which the protection so given in this
order may be withdrawn on the application of the informant/complainant or State.
6. Since the petitioner No.1 has stated that her educational document has been kept in her home, which has been left by her, so those documents may be called from the father of petitioner No.1, by the Investigating Officer.
7. Since, the petitioner Nos. 1 & 2 are said to be a major persons and are intending to get married each other, therefore, they shall not be harassed by the police pursuant to the FIR/Case Crime No.0290 of 2025 under Section 87 of the Bhartiya Nyaya Sanhita, 2023 at Police Station- Asandra, District Barabanki.
8. Accordingly, the writ petition is disposed of.
Order Date :- 13.8.2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench