Neutral Citation No. - 2025:AHC:35547-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4580 of 2025 Petitioner :- Osama Riyaz Khan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 13.02.2025 registered as Case Crime No.113 of 2025, under Sections 137(2), 87 B.N.S., P.s. - Chiluwatal, District- Gorakhpur and not to arrest the petitioner pursuant to the said FIR. 3. The impugned F.I.R. is being challenged on the ground that the informant's daughter (victim herein) has already recorded her statement under Section 183 B.N.S.S. 2023 and the same is also annexed as Annexure No.4 to the instant petition. Learned counsel for the petitioner submits that as per the statement recorded by the victim, no offence under Sections 137(2), 87 B.N.S is made out against the petitioner. Moreover, the deponent is the first wife of the petitioner herein, therefore, inference can be drawn to the effect that the victim is residing with the petitioner with the consent of the first wife of the petitioner. 4. Considering the aforesaid facts and circumstances of the case, we are not inclined to keep this matter pending or to call for counter affidavit precisely on the ground that the statement of the victim under Sections 181/183 B.N.S.S., 2023 has already been recorded, therefore, the Investigating Officer is directed to proceed in accordance with law in the matter. 5. For a period of two months, the respondents are restrained to arrest the petitioner pursuant to impugned first information report. 6. With the aforesaid mandate, the instant petition stands disposed of. Order Date :- 11.3.2025 Sachin (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad