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2025 DAILYLAW 25400 (ALL)

MAUSAM MADDHESHIYA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/4108/2025 · 2025-03-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31006-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4108 of 2025 Petitioner :- Mausam Maddheshiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Karuna Nand Tiwari Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Ram Dhar Dubey, learned counsel for the informant. 2. This writ petition has been filed seeking quashing of the impugned First Information Report dated 11.01.2025 registered as Case Crime No. 06 of 2025, under Section 87 of B.N.S., Police Station-Nautanwa, District Maharajganj and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. The aforesaid relief is resisted by the learned A.G.A. and the counsel for the informant. They contend that the alleged marriage cannot be solemnized in the absence of conversion, and the main claim set up by the petitioners is misconceived, warranting no relief. The learned A.G.A. further states that the statement of the first petitioner has already been recorded under Section 183 of BNSS, 2023. 4. Considering the facts and circumstances of the case, we are not inclined to adjudicate the matter. Accordingly, the writ petition stands disposed of, directing the Investigating Officer to proceed in accordance with the law but certainly taking due consideration of statement of first petitioner recorded under Section 183 BNSS. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.3.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad