Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:88835-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10712 of 2025 Petitioner :- Dali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kunwar Abhishek Singh,Suresh Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
2. This writ petition has been filed Seeking quashing of the first information report dated 8.5.2025 in Case Crime no. 0080 of 2025, under Section 137(2), 87 BNS, P.S. Dhebarua, District Siddharth Nagar.
3. The contention of the learned counsel for the petitioners is that as per High School cerficiate, the date of birth of the petitioner no. 1-Dali is 1.1.2005 and as per Aadhar Card the date of birth of petitioner no. 2 is 1.1.2003 and both are major and have married with each other out of their own free will and as such no offence as alleged is made out.
4. Learned AGA appearing for the State respondents has opposed the petition.
5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no. 1-Dali to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 BNSS, on or before 7.7.2025. In the event, petitioner no.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.
6. For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 8.5.2025 in Case Crime no. 0080 of 2025, under Section 137(2), 87 BNS, P.S. Dhebarua, District Siddharth Nagar. Order Date :- 26.5.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad