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Neutral Citation No. - 2025:AHC:90055-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10750 of 2025 Petitioner :- Aman Pal And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Chandra Jeet Yadav 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 10.5.2025 registered as Case Crime No. 324 of 2025, under Section 137(2) B.N.S., 2023, P.S.- Kotwali Kannauj, District- Kannauj.
3. Learned counsel for the petitioners vehemently contended that at no point of time, the first petitioner has eloped the informant's daughter (second 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 137(2) 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. 2 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. 2 appears before the concerned Chief Judicial Magistrate within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 137(2) B.N.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