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2025 DAILYLAW 59317 (ALL)

SUMIT KATHERIYA v. STATE OF U.P. AND 3 OTHERS

CRLP/9958/2025 · 2025-05-16

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82208-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9958 of 2025 Petitioner :- Sumit Katheriya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner; Sri Praveen Kumar Sharma, learned counsel for the informant and learned A.G.A.-I for the State. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 25.4.2025 registered as Case Crime No. 255 of 2025, under Sections 137(2), 87 B.N.S., P.S.- Dibiyapur, District- Auraiya. 3. Both the petitioner and victim are major and are ready to marry with each other out of their own free will and as such no offences under 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 produce the victim/daughter of the informant before the concerned Chief Judicial Magistrate for recording her statement under Section 183 B.N.S.S. within two weeks from today. In the event she appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and shall also ensure age determination of the victim through medical examination within two weeks and thereafter the I.O. shall proceed in accordance with law. 5. For a period of two months from today, the respondents are restrained to arrest the petitioner 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 :- 17.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad