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2025 DAILYLAW 57968 (ALL)

ANJALI DEVI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/9847/2025 · 2025-05-15

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81542-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9847 of 2025 Petitioner :- Anjali Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath 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 AGA for State respondents. 2. Present writ petition has been filed praying to quash the impugned First Information Report dated 04.05.2025 registered as Case Crime No. 0173 of 2025 under Sections 137 (2), 61 (2) BNS, P.S. Rasulabad, Distt. Kanpur Dehat and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR. 3. It is submitted that first and second petitioner are major. It is alleged that the parents of the first petitioner has brutally beaten her and as such she has left her parental house and started living with second petitioner out of her own free will. It is contended that impugned FIR has been lodged totally on false allegations and no offence under the aforesaid Section is made out. 4. Be that as it may, the writ petition is disposed off with a direction to the Investigating Officer to produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 of BNSS within two weeks from today. In the event the petitioner No.1 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. 5. 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