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2025 DAILYLAW 44493 (ALL)

SMT. RAGINI AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/7745/2025 · 2025-04-22

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61477-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7745 of 2025 Petitioner :- Smt. Ragini And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners 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 27.2.2025 registered as Case Crime No. 0094 of 2025, under Sections 137(2), 87, 115(2), 352, 351(3) B.N.S., P.S.- Mangalpur, District- Kanpur Dehat. 3. Learned counsel for the petitioners submits that both the petitioner nos. 1 and 2 are major and have married with each other out of their own free will and as such no offences under aforesaid sections are made out against the petitioners. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to produce the petitioner no. 1 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 the petitioner No.1 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 petitioner No. 1 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 petitioners 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 :- 23.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad