Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27964 (ALL)

URVESH SINGH v. STATE OF U.P. AND 2 OTHERS

CRLP/4482/2025 · 2025-03-09

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:35138-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4482 of 2025 Petitioner :- Urvesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State- respondent. 2. This writ petition has been filed praying to quash the first information report dated 10.02.2025 registered as Case Crime No.0070 of 2025, under Sections 87 of B.N.S., 2023, Police Station Collector Bukganj, District Bareilly and not to arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioner contended that no case is made out under section 87 of BNS, 2023 against the petitioner, as both are consenting parties and statement of victim has already been recorded under section 180 and 183 of BNSS, in which victim has not supported the prosecution version, however she has joined her parents. 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 under Section 180 BNSS and also produce the victim before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the victim 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 petitioner pursuant to impugned first information report. Order Date :- 10.3.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad