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2025 DAILYLAW 39223 (ALL)

SMT. SANIYA PARVEEN AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/6672/2025 · 2025-04-08

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52294-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6672 of 2025 Petitioner :- Smt. Saniya Parveen And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Kumar,Rajendra Kumar Singh 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.-I for the State. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 28.3.2025 registered as Case Crime No. 0117 of 2025, under Section 87 B.N.S., P.S.- Dhampur, District- Bijnor. 3. Both the petitioner nos. 1 and 2 are major and have married with each other out of their own free will and as such no offence under Section 87 B.N.S. 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 B.N.S.S. 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 B.N.S.S. 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. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 9.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad