DHIRENDRA VISHWAKARMA @ GOLU AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/5387/2025 · 2025-03-23
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30237 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42719-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5387 of 2025 Petitioner :- Dhirendra Vishwakarma @ Golu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashwant Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, and Shri Shashidhar Pandey, learned AGA for the State respondents.
2. This writ petition has been filed praying to quash the first information report dated 03.03.2025, registered as case crime no.0066 of 2025, under section 87 of BNS, 2023, P.S. Kothibhar, District Maharajganj and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that both the petitioners are major and have married with each other out of their own free will and as such no offence under the aforesaid sections is made out. It is further stated that both the petitioners have filed joint affidavit in the writ petition and applied for registration of marriage under Special Marriage Act.
4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.2 under Section 180 BNSS and also produce the petitioner no.2 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.2 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 four week, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 24.3.2025 S.P. (Prashant Kumar,J.) (M.C. Tripathi, J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad