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2025 DAILYLAW 64427 (ALL)

NEHA AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/11311/2025 · 2025-05-29

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93341-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11311 of 2025 Petitioner :- Neha And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K. Singh. Rajput Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri R.K. Singh Rajput, learned counsel for the petitioners and Sri Jai Narain, 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 13.5.2025 in Case Crime no. 76 of 2025, under Section 87, 61(2) of B.N.S., P.S. Vishungarh, District Kannauj. 3. Submission of learned counsel for the petitioners is that the as per first information report itself age of the petitioner no. 1 is 19 years. The contention of learned counsel for the petitioners is that as per high-school certificate the date of birth of petitioner no. 1 is 6.8.2005 and petitioner no. 2 is 1.1.2002 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. 4. Learned A.G.A. has opposed the petition and submits the present petition is not supported by joint affidavit. 5. Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Neha to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 183 of B.N.S.S., on or before 5.7.2025. 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 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 13.5.2025. Order Date :- 30.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad