SMT. DHANU TIWARI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/4162/2025 · 2025-03-04
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31369-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4162 of 2025 Petitioner :- Smt. Dhanu Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Yadav,Zafaryab Hussain Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, and learned AGA for the State- respondents.
2. This writ petition has been filed praying to quash the first information report dated 17.02.2025 registered as Case Crime No.0014 of 2025, under Sections 137(2), 87, 352, 351(3) of BNS, 2023, Police Station, Pakadi, District Balia.
3. Learned counsel for the petitioners submits that the petitioners that both the petitioners have married with each other out of their own free will and at present first petitioner is having pregnancy of two months 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 petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 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 :- 5.3.2025 Bhanu (Prashant Kumar,J.) (M.C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad