Neutral Citation No. - 2025:AHC:78429-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7054 of 2025 Petitioner :- Bablu @ Bablu Saini Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Pandey Counsel for Respondent :- G.A.,Ram Pravesh Yadav Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Manoj Pandey, learned counsel for the petitioner, Sri Pravesh Yadav, learned counsel for informant and the learned AGA for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 21.3.2025 registered as Case Crime No.103 of 2025, under Sections 137(2) and 87 of B.N.S., 2023, at Police Station Swaar, District Rampur and not to arrest the petitioners pursuant to the said FIR. 3. The impugned FIR is challenged on the ground that the petitioner has no criminal antecedents and has been falsely implicated in the instant matter. Learned counsel for the petitioner states that the statement of the victim has already been recorded, therefore, the interim protection may be granted to the petitioner. He submits that the victim and the petitioner are neighbors and that petitioner is a married person. It is further submitted that the victim liked him, subsequently, love affections were developed between them and both are in a consensual relationship since last six months. 4. Learned counsel for the informant states that the petitioner is a married person. He submits that the victim is cousin sister of the informant and as per the Hindu Marriage Act, the relation is prohibited. 5. Learned AGA for the State has submitted that as the instructions are still awaited, some time may be accorded to record the statement of the victim. 6. Considering the factual situation at this stage, we are not inclined to invite the counter affidavit in the instant matter. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of victim under Section 180 BNSS and also produce the victim before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the victim 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. 7. For a period of two months, the respondents are restrained to arrest the petitioner pursuant to impugned first information report. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 13.5.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad