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2025 DAILYLAW 40517 (ALL)

ROHIT SINGH AND 5 OTHERS v. STATE OF UP AND 2 OTHERS

CRLP/7059/2025 · 2025-05-25

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89737-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7059 of 2025 Petitioner :- Rohit Singh And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Respondent :- G.A.,Shobhit Yadav Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners, learned counsel for the informant and the learned AGA for the State and perused the record. 2. Supplementary affidavit filed today is taken on record. 3. This writ petition has been filed praying to quash the first information report dated 30.3.2025 registered as Case Crime No.0066 of 2025, under Sections 87, 352, 351(2) BNS, at Police Station Pailani, District Banda and not to arrest the petitioners pursuant to the said FIR. 4. It is stated in writ petition that the petitioner no.1 and deponent ( Sonam) have love and affection with each other and they are residing together in live in relation at the house of petitioner no.1. It is also stated in the writ petition that petitioner and victim 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. 5. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of deponent (Sonam) under Section 180 BNSS and also produce the deponent ( Sonam) before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the deponent ( Sonam) 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. 6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 26.5.2025/Mukesh Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad