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2025 DAILYLAW 36632 (ALL)

POOJA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/6437/2025 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50081-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6437 of 2025 Petitioner :- Pooja And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Yadav 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. 2. This writ petition has been filed seeking quashing of the impugned First Information Report dated 24.03.2025 registered as Case Crime No. 41 of 2025, Under Section 137(2) BNS, Police Station- Ghorawal, District- Sonebhadra and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It is submitted 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 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 the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation. Order Date :- 8.4.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad