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2025 DAILYLAW 53151 (ALL)

HAMIDUNNISHA v. STATE OF U.P. AND 3 OTHERS

CRLP/8934/2025 · 2025-05-05

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72328-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8934 of 2025 Petitioner :- Hamidunnisha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Mustafa Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard Mohammad Mustafa, learned counsel for the petitioner and learned A.G.A. for the State respondents. 2. The instant writ petition has been preferred for quashing the impugned FIR dated 08.12.2024 being Case Crime No.0811 of 2024 under Sections 137 (2), 61 (2) (B), 87, 352, 351 (3) of B.N.S., Police Station Campierganj, District Gorakhpur and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR. 3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on 08.12.2024, alleging that the informant's daughter fled away with the son of the petitioner on 07.12.2024. The petitioner was not named in the FIR. After lodging the FIR, the police had arrested the petitioner and she was accorded bail by the Additional Sessions Judge/Special Judge, POCSO Act, Court No.1, Gorakhpur vide its order dated 15.1.2025. There is full cooperation of the petitioner in the ongoing investigation. It is claimed that the petitioner is being unnecessarily harassed by the police and as such, this Court should come for rescue and reprieve the petitioner. 4. Learned A.G.A. states that in the instant matter, the investigation is going on and till date the informant's daughter is not traced out. 5. Considering the factual situation, we observe that in case the petitioner cooperates in the ongoing investigation, he may not be unnecessarily be harassed. 6. With the aforesaid observation, the writ petition is disposed of. (Anil Kumar-X, J.) (Mahesh Chandra Tripathi, J.) Order Date :- 6.5.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad