TAHSEENA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/1051/2025 · 2025-01-31
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9451 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14302-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1051 of 2025 Petitioner :- Tahseena And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kumar Mishra,Mohd. Zaid 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 respondents. Supplementary affidavit filed today is taken on record.
2. This writ petition has been filed praying to quash the first information report dated 31.012.2024 registered as Case Crime No.0320 of 2024 under Section 87 of Bhartiya Nayar Sanhita (BNS) 2023, Police Station Bachhrayun District Amroha 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, that they have filed a joint affidavit stating that they belong to same religion and that they married each other of their own free will. Consequently, no offence under the aforesaid section 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 first petitioner under Section 180 BNSS and also produce the first petitioner before the concerned Chief Judicial Magistrate for recording her statement under Section 183 BNSS within two weeks from today. In the event, the first petitioner appears before the concerned Chief Judicial Magistrate within stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 183 BNSS 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 :- 31.1.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad