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2025 DAILYLAW 50876 (ALL)

SHIV KUMAR ALIAS SHIVAM AND 6 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/8445/2025 · 2025-04-29

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68034-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8445 of 2025 Petitioner :- Shiv Kumar Alias Shivam And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abnish Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Abnish Kumar, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. for the State and perused the record. 2. This writ petition has been filed seeking quashing of the first information report dated 20.04.2025 registered as Case Crime no. 0201 of 2025, under section 87 B.N.S., P.S. Banda, District Shahjahanpur. 3. The contention of learned counsel for the petitioners is that petitioner no.2 left her home on her own sweet will as the informant side was forcing her to marry for which she was not ready and admittedly, this fact is clearly reflected from the impugned FIR itself. Admittedly, petitioner no.2 is major as per her Aadhaar Card in which her date of birth is mentioned as 01.01.2006 and she has come forward to challenge the impugned FIR. Petitioner no. 1 is also major, his date of birth being 06.02.2001 as per his Aadhaar Card. Petitioner nos. 1 and 2 are living together in a live-in relationship. 4. Be that as it may, the writ petition is disposed of with a direction to petitioner no.2 Smt. Kamini Devi to appear before the Chief Judicial Magistrate concerned for recording her statement under section 183 B.N.S.S. on or before 16.06.2025. In the event, petitioner no.2 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. in further two weeks 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 the impugned first information report dated 20.04.2025. Order Date :- 30.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad