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2025 DAILYLAW 24950 (ALL)

GOLU YADAV @ DHARMENDRA AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/4039/2025 · 2025-03-03

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30339-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4039 of 2025 Petitioner :- Golu Yadav @ Dharmendra And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manindra Mohan Pandey,Pankaj Dwivedi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Manindra Mohan Pandey, learned counsel for the petitioners, Sri G.P. Singh learned AGA-1 for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 12-02-2025 registered as Case Crime No.0127 of 2025, under Sections 87, 61(2) of B.N.S., 2023, Police Station Mundali, District Meerut and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that petitioner no.1 and victim Pooja Yadav, who is deponent in the instant case are major and have married with each other out of their own free will and as such no offence under the aforesaid sections is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of victim Pooja Yadav under Section 180 BNSS and also produce victim Pooja Yadav before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the victim Pooja Yadav appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 4.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad