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2025 DAILYLAW 63140 (ALL)

SONU YADAV AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/10859/2025 · 2025-05-26

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89817-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10859 of 2025 Petitioner :- Sonu Yadav And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Rajendra Prasad Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Rajendra Prasad Tripathi, learned counsel for the petitioners and 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. 174 of 2025, under Section 87 of B.N.S., P.S. Mariyahu, District Jaunpur. 3. The contention of learned counsel for the petitioners is that as per high- school certificate the date of birth of petitioner no. 1 is 16.2.2005 and petitioner no. 2 is 2.6.2006 and both are major and have married with each other out of their own free will and as such no offence under Section 87 of B.N.S. is made out. It is next pointed out that joint affidavit has been filed in support of the present petition. 4. Learned A.G.A. has opposed the petition. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.2-Komal Yadav to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 10.7.2025. In the event, petitioner no.2 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 of B.N.S.S. 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 from arresting the petitioners pursuant to first information report dated 8.5.2025. Order Date :- 27.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad