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2025 DAILYLAW 45305 (ALL)

NAZIYA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/7920/2025 · 2025-04-29

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67210-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7920 of 2025 Petitioner :- Naziya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Yadav,Bheshaj Puri 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 learned A.G.A. for the State. 2. This writ petition has been filed praying to quash the first information report dated 01.04.2025 registered as Case Crime No.0060 of 2025, under Section 137 (2) of B.N.S., 2023, P.S. Mainather, District Moradabad and not to arrest the petitioner pursuant to the said FIR. 3. Learned counsel for the petitioners submits that both the petitioners are major. They are living in relationship out of their own free will and as such, no offence under Section 137 (2) of B.N.S., 2023 is made out against the petitioners. 4. Per contra, learned AGA submits that no authentic proof of age is appended with the writ petition. 5. At this stage, learned counsel for the petitioners has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Suhani vs. State of U.P. reported in 2018 0 Supreme (SC) 1430 and submits that in all such matters Hon'ble Apex Court has directed for age determination test of the girl. 6. Be that as it may, the writ petition is disposed of with a direction to the petitioner No.1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 B.N.S.S., within a week from today. In the event the petitioner No.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 B.N.S.S. and also ensure her medical examination for age determination and, thereafter, the Investigating Officer shall proceed strictly in accordance with law. 7. For a period of three months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 01.042025. (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 30.4.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad