RAM LAKHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND OTHERS
CRLP/9806/2024 · 2025-11-18
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183160 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183160 (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. - 9806 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Case called out. 2. None for the petitioners. There is no request of adjournment or pass over of the case. 3. This Court had filed the following order on 20.12.2024:
"1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record. 2. Issue notice to the opposite party no.4. 3. Office shall submit service report by affixing computer generated tracking report. 4. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 27.11.2024, lodged by the opposite party no.4 registered as F.I.R./Case Crime No.0394 of 2024, under Section 87 of B.N.S., 2023, at Police Station-Kasimpur, District-Hardoi. 5. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 14.12.2024 as per Hindu Rites and Rituals in Arya Samaj Mandir, Sector-H, Aliganj, Lucknow. A copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.3 to the writ petition. Petitioner no.1 has annexed a copy of his Aadhar Card and PAN Card and petitioner no.2 has annexed a copy of her High School Certificate-Cum-Marks Sheet and Aadhar Card as Annexure-2 to the writ petition as proof of age. Even as per F.I.R., the age of the girl is 18 years. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 before the next date and produce the marriage registration certificate on the next date. 6. It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against Versus Counsel for Petitioner(s) : Prem Shanker Pandey, Abhishek Pandey Counsel for Respondent(s) : G.A. Ram Lakhan And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Others .....Respondent(s)
the petitioners only in order to harass them, as such, the arrest of the petitioners may be stayed. 7.
After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.2 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C./183 of B.N.S.S., 2023. 8. Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. 9. List immediately thereafter."
3. Learned AGA on the basis of the counter affidavit filed earlier submits that Final Report No. 01/25 dated 4.1.2025 has been forwarded in the matter, therefore, this petition has rendered infructuous. 4. Dismissed accordingly. November 18, 2025 Fahim/- CRLP No. 9806 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench