Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77065-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9425 of 2025 Petitioner :- Smt. Jyoti @ Joobi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manvendra Singh 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 and perused the record.
2. This writ petition has been filed praying to quash the first information report dated 05.05.2025 registered as Case Crime No.265 of 2025, under Sections 137, 87 BNS 2023, P.S. Aonla, District Bareilly and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that both the petitioners are major and they are staying with each other in living-in-relation on their own freewill, as such no offence under the aforesaid sections is made out.
4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to record the statement of petitioner no.1 under Section 180 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and thereafter the Investigating Officer shall proceed in accordance with law.
5. For a period of six weeks, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 12.5.2025/A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad