HIMANSHU v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/9551/2025 · 2025-10-15
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201745 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201745 (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. - 9551 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioner and learned AGA for the State- respondents.
2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 2 and 3 to conduct fair and proper investigation of Case Crime No. 0311 of 2025 under Section 87, 137(2) of BNS, 2023, Police Station- Dariyabad, District Barabanki and to ensure the arrest of the accused persons.
3. The contention of the learned counsel for the petitioner is that the younger sister of the petitioner was enticed away by the accused and despite lodging of the FIR, the respondent authorities have failed to take appropriate action in the matter and to investigate the same.
4. Learned AGA, on the basis of instructions sent by Sri Ranveer Singh, Sub Inspector, P.S. Dariyabad, District Barabanki, states that the girl has been recovered, she has given a statement that she had gone with the accused of her own will and he has not committed any wrongful act with her. Consequently, section 87 of BNS has been dropped. He further states that now only Section 137(2) of B.N.S. remains for which a notice under Section 35(3) of BNSS has been issued. He also states that the girl is also a minor. Versus Counsel for Petitioner(s) : Mulayam Singh Yadav Counsel for Respondent(s) : G.A. Himanshu .....Petitioner(s) State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)
5. In view of above, it is apparent that a proper investigation is being carried out by the respondents authorities.
6. Accordingly, the writ petition stands disposed of. If the petitioner has any further grievances pertaining to the same matter, it is open for him to approach the appropriate court in accordance with law. October 15, 2025 AKK CRLP No. 9551 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench