Neutral Citation No. - 2025:AHC:81824-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9368 of 2025 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Singh,Prabhat Kumar Counsel for Respondent :- Babita Upadhyay,G.A.,Sanjeev Kumar Gaur Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner; learned counsel for the informant and learned AGA for State respondents. 2. Present writ petition has been filed praying to quash the impugned First Information Report dated 16.04.2025 registered as Case Crime No. 0201 of 2025 under Section 87, 137 (2) BNS, P.S. Soron, Distt. Kasganj and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR. 3. It is contended that the impugned FIR has been lodged totally on false allegations just to harass the petitioner. The petitioner and victim are major and they are living together out of their own free will and consent and as such no offence under the aforesaid Section is made out. It is also claimed that the statement of victim (respondent no.5) has already been recorded under Section 183 BNSS. 4. Learned AGA, on the other hand, states that instructions are still awaited and as such some further time may be accorded. 5. Considering the facts and circumstances of the case, we find that no useful purpose will be served in keeping the writ petition pending consideration. The writ petition is disposed of with a direction to the Investigating Officer to produce the respondent no.5 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the respondent no.5 appears before the concerned Chief Judicial Magistrate within the 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. 6. It is made clear that if the statement of the victim under Section 183 BNSS has already been recorded, the Investigating Officer shall proceed in accordance with law. 7. 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 :- 16.5.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad