SAHIBA BANO AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/9087/2024 · 2025-11-19
Rajeev Bharti, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179855 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179855 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9087 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV BHARTI, J.
1. Heard.
2. This Court had passed the following order on 29.11.2024:-
"1. Heard.
2. By means of this petition, the petitioners, Sahiba Bano and Mohd. Salman, have sought quashing of First Information Report dated 08.11.2024, bearing F.I.R./Case Crime No.0150 of 2024, under Sections 87 of B.N.S., 2023 registered at Police Station Bandhuakala, District Sultanpur.
3. The contention of the learned Counsel for the petitioners is that petitioner are major and have married with each other out of their own free will on 05.11.2024 as per Islamic rites at Sunni Muslim Qaziyat Welfare Committee. A copy of nikaahnama/marriage certificate has been annexed as Annexure No.2 to the writ petition. According to the learned Counsel, as per the impugned F.I.R., petitioner no.1 is aged about 21 years. Petitioners are enjoying and living peaceful matrimonial life.
4. Therefore, a case for consideration is made out.
5. Issue notice to opposite party no.4. Steps be taken within a week.
6. Office shall submit service report by affixing computer generated tracking report.
7. Let counter affidavit be filed within four weeks.
8. List after four weeks.
9. Considering the submissions made, it is provided that till Versus Counsel for Petitioner(s) : Avneesh Kumar Shukla Counsel for Respondent(s) : G.A. Sahiba Bano And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
the next date of listing, the petitioner no.2-Mohd. Salman shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order."
3. Learned A.G.A., on the basis of instructions, submits that final report no.B-1 dated 04.12.2024 was forwarded in the matter, therefore, this petition has been rendered infructuous. A copy of instructions is taken on record.
4. Dismissed accordingly. November 19, 2025 Anand/- CRLP No. 9087 of 2024 2 (Rajeev Bharti,J.) (Rajnish Kumar,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench