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2025 DAILYLAW 6171 (ALL)

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

CRLP/504/2025 · 2025-01-23

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11596-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 504 of 2025 Petitioner :- Moolchandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Dixit Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 26.11.2024 registered as Case Crime No.614 of 2024, under Section 137(2) B.N.S., P.S. - Kotwali Nagar (Mahoba), District- Mahoba and not to arrest the petitioners pursuant to the said FIR. 3. It is stated in the writ petition that at no point of time, the petitioner had eloped with the informant's daughter and she has joined the company of the petitioner with her own freewill and as such 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 record the statement of vitim under Section 180 BNSS and also produce the victim before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the victim 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 petitioner pursuant to impugned first information report. Order Date :- 23.1.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad