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Neutral Citation No. - 2025:AHC:63130-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7334 of 2025 Petitioner :- Rajiv Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the petitioner and Sri G.P.Singh, learned A.G.A.-I for the State.
2. This writ petition has been filed praying to quash the impugned First Information Report dated 25.3.2025 registered as Case Crime No. 0099 of 2025, under Section 137(2) B.N.S., P.S.- Kalan, District- Shahjahanpur.
3. Both the petitioner and victim are major and have married with each other out of their own free will and as such no offence under Section 137(2) 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 victim 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 she 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 shall also ensure age determination of the victim through medical/ossification test within two weeks and thereafter the I.O. shall proceed in accordance with law.
5. For a period of two months from today, the respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R. subject to cooperation in the on- going investigation. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 24.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad