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2025 DAILYLAW 8193 (ALL)

SMT. RAMWATI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/1488/2025 · 2025-01-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14615-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1488 of 2025 Petitioner :- Smt. Ramwati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Purnima Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed praying to quash the impugned First Information Report dated 10.12.2024 registered as Case Crime No. 0254 of 2024, under Section 87 B.N.S., P.S.- Awagarh, District- Etah. 3. Both the petitioners are major and have married with each other out of their own free will and 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 record the statement of petitioner no. 1 under Section 180 B.N.S.S. and also 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. Order Date :- 31.1.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad