RAMDATT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO. AND OTHERS
CRLP/8654/2025 · 2025-09-18
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164222 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8654 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Heard Sri Abhinav Singh, learned counsel for the petitioners and learned A.G.A. for the State.
2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with.
3. This petition has been filed with the following prayer :- (i) to issue, a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 31.07.2025 lodged by opposite party no.4 vide F.I.R. No.395/2025 under Section 87, 137(2), 351(3), B.N.S., Police Station Kotwali Dehat, District Hardoi as contained as Annexure No.1 to this writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to 3 to not to arrest the petitioners in pursuance of impugned First Information Report dated 31.07.2025 lodged by opposite party no.4 vide F.I.R. No.395/2025 under Section 87, 137(2), 351(3), B.N.S., Police Station Kotwali Dehat, District Hardoi as contained as Annexure No.1 to this writ petition.
4. Learned counsel for the petitioners submit that petitioner no.1 & 2 are major in age and solemnized marriage with their own sweet will & Versus Counsel for Petitioner(s) : Ramakar Shukla, Abhinav Singh Counsel for Respondent(s) : G.A. Ramdatt And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Others .....Respondent(s)
volition on 27.1.2025, which is registered on 30.4.2025 at Sub Registrar Office, Sadar Third, District - Varanasi, copy of marriage certificate is annexed as Annexure No.3 to the petition.
5. Learned A.G.A. does not dispute the submissions made by learned counsel for the petitioners.
6. In view of the above, no purpose would be served in keeping pending the petition, therefore, same is hereby disposed of providing herein that petitioners shall not be arrested till filing of the police report under Section 193 B.N.S.S.
7. It is further provided that petitioner no.1 & 2 shall appear before the Investigating Officer on 25.9.2025 and get their statements under Sections 180 & 183 B.N.S.S., 2023 recorded. September 18, 2025 GauraV/- CRLP No. 8654 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench