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2025 DAILYLAW 62293 (ALL)

SMT FIZA AND ANOTHER v. STATE OF UP AND 3 OTHERS

CRLP/10754/2025 · 2025-05-26

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90036-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10754 of 2025 Petitioner :- Smt Fiza And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Krishna Kumar Dwivedi,Ram Lakhan Pandey 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.-I for the State. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 05.05.2025 registered as Case Crime No. 0194 of 2025, under Section 87 B.N.S., 2023, P.S.- Sahaswan, District- Budaun. 3. Learned counsel for the petitioners vehemently contended that at no point of time, the second petitioner has eloped the informant's daughter (first petitioner). She is major and she left her home to live along with second petitioner on her own free will. As such, no offence under Section 87 B.N.S. 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 B.N.S.S. 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 B.N.S.S 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 :- 27.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad