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2025 DAILYLAW 31389 (ALL)

SANGITA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/5351/2025 · 2025-04-06

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49673-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5351 of 2025 Petitioner :- Sangita And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shweta Nishad Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State respondents. Supplementary affidavit filed today is taken on record. 2. This writ petition has been filed praying to quash the first information report dated 27.02.2025 registered as Case Crime No.0082 of 2025 under Sections 87, 61(2), 352 of Bharatiya Nyaya Sanhita, 2023 at Police Station Ghughali, 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. 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.1 under Section 180 BNSS and also produce the petitioner no.1 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.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS 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 petitioners pursuant to impugned first information report. Order Date :- 7.4.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad