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2025 DAILYLAW 41742 (ALL)

SMT MAHI SHARMA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

CRLP/7163/2025 · 2025-04-15

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55732-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7163 of 2025 Petitioner :- Smt Mahi Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri D.P. Singh, learned counsel for the petitioners, Sri Shashidhar Pandey, learned AGA for the State and Sri Chandrika Patel, learned counsel for the informant/opposite party no.3. 2. This writ petition has been filed praying to quash the first information report dated 30-03-2025 registered as Case Crime No. 132 of 2025, under Sections 137(2), 87 of B.N.S., 2023, Police Station Barsana, District Mathura and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that both the petitioners 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. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 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