SHIVA @ SHIVAM GOSHWAMI AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/7158/2025 · 2025-04-15
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41094 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41094 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56001-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7158 of 2025 Petitioner :- Shiva @ Shivam Goshwami And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Narayan Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri A.N. Pandey, 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 06-12-2024 registered as Case Crime No.734 of 2024, under Section 87 of B.N.S., 2023, Police Station Subhash Nagar, District Bareilly and not to arrest the petitioners pursuant to the said FIR.
3. The impugned F.I.R. is challenged on the ground that at no point of time the petitioner had eloped the informant’s daughter, who subsequently rejoined her parents. Her statements under Sections 180 and 183 of the B.N.S.S. have also been recorded. Learned counsel for the petitioners submits that petitioners nos. 2 to 4 have been falsely implicated.
4. Considering the factual situation, and the fact that during the course of investigation, the victim's statements under Sections 180 and 183 of the B.N.S.S. have already been recorded, the Investigating Officer may proceed in accordance with law, while duly taking into account the said statements.
5. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report.
6. With the aforesaid observations, the writ petition is accordingly disposed of. 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 Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad