HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10117 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Shri Mohd. Jabir, learned Counsel for the petitioner and Shri Nikhil Singh, learned A.G.A.-I for the State. 2. This petition seeks issuance of direction in the nature of Mandamus directing the opposite parties no. 2 and 3 not to take any coercive action against the petitioner in connection with FIR No. 0245 of 2025, registered at Police Station Sursa, District Hardoi under Section 87 and 137 (2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned Counsel for the petitioner submits that on account of F.I.R. No. 0245 of 2025, under Section 87 and 137 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sursa, district Hardoi lodged by the opposite party no.4 against the accused, the petitioner is being harassed by the police only because the petitioner is a witness in the marriage of the daughter of the complainant/opposite party no.4 with accused Abhishek Sharma solemnized at Arya Samaj Shivpuri Kamta, Chinhat, Lucknow on 28.09.2025. He further submits that even otherwise, the daughter of the complainant/opposite party no.4 has been recovered, who is major in age. 4. Shri Nikhil Singh, learned AGA-I, on the basis of instructions received on 27.10.2025 from Investigating Officer/Sub-Inspector, Police Station Sursa, district Hardoi, though could not dispute that daughter of Versus Counsel for Petitioner(s) : Mohd. Jabir Counsel for Respondent(s) : G.A. Neeraj Sharma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Others .....Respondent(s) complainant/opposite party no.4 has been recovered who is major in age, however, he submits that medical examination of the daughter of the complainant/opposite party no.4 has been conducted and her statement under Section 180 of B.N.S.S., 2023 has also been recorded. He also submits that relief claimed by the petitioner can not granted because the statement of the daughter of the opposite party no.4/complainant under Section 183 of B.N.S.S., 2023 is still to be recorded and in case anything comes out against the petitioner, the Investigating Officer may face any difficulty in proceeding in the matter. He further submits that since the petitioner is only a witness in the marriage solemnized between the daughter of complainant/opposite party no.4 and accused, namely, Abhishek Sharma, therefore, question of harassment of the petitioner does not arise unless anything incriminating comes out against the petitioner during the investigation. Instruction dated 27.10.2025 is taken on record. 5. Accordingly, the writ petition is disposed of in terms of the aforesaid statement of learned A.G.A. November 6, 2025 Ajit CRLP No. 10117 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench