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2025 DAILYLAW 36674 (ALL)

SANDEEP ALIAS NEERAJ AND ANOTHER v. STATE OF UP AND 3 OTHERS

CRLP/6447/2025 · 2025-04-07

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50952-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6447 of 2025 Petitioner :- Sandeep Alias Neeraj And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vinod Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Vinod Kumar Shukla, learned counsel for the petitioners, Sri Shashidhar Pandey, learned AGA for the State and Sri Brajesh Shukla, learned counsel for the informant/opposite party no.4. 2. This writ petition has been filed praying to quash the first information report dated 18-02-2025 registered as Case Crime No.49 of 2025, under Sections 137(2)) of B.N.S., 2023 and Section 3(2)(va) of SC/ST Act, Police Station Gunnaur, District Sambhal and not to arrest the petitioners pursuant to the said FIR. 3. It is stated that the statement of the informant's daughter (the victim) has already been recorded under Sections 180/183 B.N.S.S., wherein she has not supported the prosecution version and has stated that she had gone on her own accord and later rejoined her parents. 4. The relief is resisted by the learned counsel for the informant on the ground that there was an elopement which can be verified though CCTV footage. 5. In the facts and circumstances of the case, no useful purpose would be served by keeping the writ petition pending. With the consent of the parties, the writ petition is disposed of finally with the direction that the investigation must be completed in a free and fair manner, while giving due weightage to the statement of the victim recorded under Sections 180/183 B.N.S.S. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 8.4.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad