ABHI SINGH AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/1078/2025 · 2025-01-22
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9039 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9039 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:10897-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1078 of 2025 Petitioner :- Abhi Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
2. This writ petition has been filed praying to quash the first information report dated 3.1.2025 registered as Case Crime No.0013 of 2025, under Section 87 B.N.S., P.S. - Bahedi, District- Bareilly and not to arrest the petitioners pursuant to the said FIR.
3. It is stated in the writ petition that both the petitioners are major and are living in relationship out of their own free will 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.2 under Section 181 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.2 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 two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report. Order Date :- 22.1.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad