Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31646 (ALL)

SHOBHIT KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/5189/2025 · 2025-03-19

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40561-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5189 of 2025 Petitioner :- Shobhit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar,Mahesh Prasad Vishwakarma Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Sri G.P. Singh, learned AGA-1 for the State. 2. This writ petition has been filed praying to quash the first information report dated 18-02-2025 registered as Case Crime No.50 of 2025, under Sections 87 and 137(2) of B.N.S., 2023, Police Station Kotwali Nagar, District Muzaffar Nagar and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that the victim Priya @ Divya have joined the company of the petitioner Suraj @ Shobhit Kumar out of their own free will and without any coercion. 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 victim Priya @ Divya under Section 180 BNSS and also produce victim Priya @ Divya before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, victim Priya @ Divya 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 six weeks, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 20.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad