Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 41034 (ALL)

LAKI @ LAKKI PRAJAPATI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/7151/2025 · 2025-04-15

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55678-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7151 of 2025 Petitioner :- Laki @ Lakki Prajapati And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Vinay 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, Sri Shashidhar Pandey, learned AGA for the State and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 03-04-2025 registered as Case Crime No.0183 of 2025, under Sections 137(2), 87, 61(2) of B.N.S., 2023, Police Station Sarai Khwaja, District Jaunpur and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that petitioner no. 1 and Khushi Prajapati, daughter of the informant, are both majors and have married each other 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 of with a direction to the Investigating Officer to record the statement of Khushi Prajapati under Section 180 of the BNSS, and also to produce her before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of the BNSS within two weeks from today. In the event that Khushi Prajapati appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate shall record her statement under Section 183 of the BNSS, and thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 16.4.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad