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2025 DAILYLAW 29505 (ALL)

SUMIT v. STATE OF U.P. AND 3 OTHERS

CRLP/4818/2025 · 2025-03-16

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37729-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4818 of 2025 Petitioner :- Sumit Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Onkar Nath 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 State respondents. 2. Present writ petition has been filed praying to quash the impugned First Information Report dated 26.01.2025 registered as Case Crime No. 0019 of 2025 under Section 137 (2), 87 BNS, P.S. Nidhauli Kalan, Distt. Etah and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR. 3. It is submitted that the impugned FIR has been lodged totally on false allegations. The petitioner and the daughter of the informant are major and she went with the petitioner out of her own free will and as such no offence under the aforesaid Section is made out. The statement of the victim under Section 183 BNSS has also been recorded, wherein she has supported the version of the petitioner. At present the victim is residing along with her maternal grand- parents. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to proceed as per the statement of victim under Section 183 BNSS and in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 17.3.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad