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2025 DAILYLAW 25598 (ALL)

AKANKSHA BIND AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/4147/2025 · 2025-03-04

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31739-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4147 of 2025 Petitioner :- Akanksha Bind And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adwitiya Prakash Tiwari,Anshuman Singh,Vinay Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners; Shri Akhilesh Kumar Ojha, learned counsel for the informant and learned AGA for State respondents. 2. Present writ petition has been filed praying to quash the impugned First Information Report dated 22.02.2025 registered as FIR No. 0062 of 2025 under Section 87, 352 and 352 (3) BNS, P.S. Shahganj, Distt. Jaunpur. 3. It is submitted that both the petitioners are major and living in relationship 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 produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the petitioner No.1 appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.3.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad