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2025 DAILYLAW 8650 (ALL)

MOHINI AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/1072/2025 · 2025-01-22

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10883-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1072 of 2025 Petitioner :- Mohini And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gauri Shanker Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Sri Shashidhar Pandey, learned AGA for the State-respondent. 2. This writ petition has been filed praying to quash the first information report dated 14.10.2024 registered as Case Crime No.272 of 2024, under Sections 87, 352, 352(3) of B.N.S., 2023, Police Station Dado, District Aligarh and not to arrest the petitioners pursuant to the said FIR. 3. Learned counsel for the petitioner vehemently contended that the first petitioner is major and she joined the second petitioner with her free will and they are living in live in relationship. He further submits that till date statement of first petitioner under section 180 and 183 of B.N.S.S., 2023 has not been recorded and as such no offence under the aforesaid sections 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 BNSS and also produce the petitioner no.1 before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the petitioner no.1 appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS and also ensure her medical age determination and, thereafter, the Investigating Officer shall proceed in accordance with law. 5. For a period of six weeks, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 22.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad