SARFARAZ AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/6677/2025 · 2025-04-08
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36900 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36900 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52259-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6677 of 2025 Petitioner :- Sarfaraz And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Kishor Mishra Counsel for Respondent :- G.A.,Syed Hasan Shaukat Abidi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners,, Shri Syed Hasan Shaukat Abidi,
learned counsel for the informant and learned A.G.A. for the State and perused the record.
2. This writ petition has been filed praying to quash the first information report dated 26.03.2025 registered as Case Crime No.115 of 2025, under Sections 87 BNS 2023, P.S. Didauli, District Amroha and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that petitioner no.1 and 3 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.3 under Section 180 BNSS and also produce the petitioner no.3 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.3 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. It is made clear that in case there is threat perception, the petitioner may approach the District Magistrate concerned for ensuring proper security.
5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 9.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad