ADITYA YADAV (MINOR) v. STATE OF U.P. AND 3 OTHERS
CRLP/4946/2025 · 2025-04-08
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30134 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30134 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51956-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4946 of 2025 Petitioner :- Aditya Yadav (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Chand Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Shiv Chand Yadav, learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. This writ petition has been filed praying to quash the first information report dated 19.11.2024 registered as Case Crime No.221 of 2024, under Section 87 of B.N.S., 2023, Police Station Khanpur, District Ghazipur and not to arrest the petitioner pursuant to the said FIR. 3. The matter was taken up on 18.03.2025 and on the said date, the Court had proceeded to pass following order:-
"3. It is stated by learned counsel for the petitioner that the petitioner is minor aged about 17 years and at no point of time he eloped with the daughter of informant. Moreover, informant's daughter is major. Learned counsel for the petitioner further states that statement of victim under section 180 and 183 of BNS, 2023 has not been recorded. He further states that no such offence under the aforesaid section is made out. 4. Matter requires consideration. 5. Learned AGA has accepted notice on behalf of State-respondent nos.1 to 3. Issue notice to respondent no.4 returnable at an early date. Step may be taken within a week. 6. List this matter again on 09th April, 2025, as fresh. 7. Meanwhile Investigation Officer is directed to record the statement of daughter of informant under Section 180 BNSS and also produce her before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within fifteen days from today. In the event, if she appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and the same shall be placed on record by the next date of listing. 8. Till the next date of listing, no coercive action shall be taken against the petitioner in Case Crime No.221 of 2024, under Section 87 of B.N.S., 2023, Police Station Khanpur, District Ghazipur."
4.
Learned counsel for the petitioner states that in pursuance of the aforesaid order dated 18.3.2025 the statement of the victim has already been recorded under Section 180 and 183 of BNS, 2023, wherein she has not supported the prosecution version. 5. Considering the factual situation, we are not inclined to keep the
matter pending consideration. 6. With the consent of parties, the writ petition is disposed of with observation that on the basis of statement of the victim, the investigation must be finalized expeditiously and preferably within a period of eight weeks from today. Till then, no coercive action shall be taken against the petitioner pursuant to first information report dated 19.11.2024. (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 9.4.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad