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2025 DAILYLAW 83982 (ALL)

KISHAN ALIAS KRISHNA SAROJ AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/17623/2025 · 2025-09-15

Santosh Rai, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17623 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the petitioners, AGA for the State-respondents and perused the record. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 10.07.2025, registered as Case Crime No. 154 of 2025, under sections 137(2), 87 of B.N.S., Police Station- Gaura Badshahpur, District - Jaunpur, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. On 12.08.2025, the following interim order was passed :- "The present writ petition has been filed praying for quashing the First Information Report dated 10.07.2025 lodged by Respondent No.4, in Case Crime No.154 of 2025, Under section 137(2) and 87 Bhartiya Nyay Sanhita, 2023, Police Station-Gaura Badshahpur, District Jaunpur. It has been stated in the writ petition that petitioner no. 2 is major and she voluntarily went with petitioner no. 1. The petitioner no.2 shall appear before the concerned Investigating Officer on 19.08.2025 who shall record her statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subsequently get the statement of petitioner no.2 recorded under Section 183 before the concerned Chief Judicial Magistrate, Jaunpur on 20.08.2025. The statement recorded by the Chief Judicial Magistrate, Jaunpur under Section 183 B.N.S.S. shall be submitted by the Chief Judicial Magistrate before the next date fixed in the case and the statement recorded by the Investigating Officer under Section 180 B.N.S.S. shall be submitted to this Court by the A.G.A. on the next date fixed in the Versus Counsel for Petitioner(s) : Ashok Kumar Yadav Counsel for Respondent(s) : G.A., Ikshwaku Srivastava Kishan Alias Krishna Saroj And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) case. Put up again on 26.08.2025 as fresh before appropriate Court. The case shall not be treated as tied up or part heard to this Court. The petitioners shall not be arrested in Case Crime No.154 of 2025, Under section 137(2) and 87 Bhartiya Nyay Sanhita, 2023, Police Station-Gaura Badshahpur, District Jaunpur till the next date of listing. A copy of this order shall be sent by Registrar (Compliance) within 24 hours to the Superintendent of Police, District Jaunpur and to the concerned Chief Judicial Magistrate, District Jaunpur for necessary compliance." 4. Learned AGA informs that statement of petitioner no.2 has been recorded under Section 183 B.N.S.S. which is in favour of petitioner no.1. 5. No counter affidavit has been filed by learned counsel for respondent no.4. 6. In view of the above, impugned F.I.R is quashed. 7. The writ petition is allowed. 8. Investigating Officer of this case is directed to make entry of this order in the case diary. 9. Let the order be communicated to the Superintendent of Police, Jaunpur, by the Registrar (Compliance) within 10 days. September 16, 2025 A.N. Mishra CRLP No. 17623 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad