KAMLESH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/21577/2026 · 2026-09-22
Padam Narain Mishra, Salil Kumar Rai
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8415 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21577 of 2026 Court No. - 45 HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioners and learned AGA for the State-respondent nos. 1 & 2. 2. The present writ petition has been filed challenging the FIR dated 08.07.2026, arising out of Case Crime No. 0218/2026, under Sections 137(2), 87 of BNS, Police Station- Karchhana, District- Yamuna Nagar (Commissionerate Prayagraj). 3. The Additional Government Advocate has obtained instructions and states that the alleged abductee has been recovered and is, in the custody of her mother. In her statement recorded under Section 180 BNSS, the alleged abductee has stated that she had voluntarily left her maternal grandmother's home and had gone to meet the accused- Sahil. The statement of the girl has not yet been recorded under Section 183 BNSS. 4. It has been argued by the learned counsel for the petitioners that from the recitals in the First Information Report itself, it would be evident that the girl was not abducted by the petitioners and further, the instructions obtained by the Additional Government Advocate also shows that the girl was brought back to her maternal grandmother's home by the relative of the petitioner. In view of aforesaid, no offence has been committed by the petitioners and the present FIR is liable to be quashed by this Court. 5. In view of the order proposed to be passed, it would serve no useful purpose by issuing notice to respondent no. 3 and calling for a counter Versus Counsel for Petitioner(s) : Anjani Kumar Singh, Sarveshvar Nishad Counsel for Respondent(s) : G.A. Kamlesh And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
affidavit. 6. Accordingly, without entering into the merits of the case and after considering the arguments of the counsel for the petitioners, the writ petition is disposed of with a direction that the petitioners shall not be arrested in pursuance of the First Information Report dated 08.07.2026, arising out of Case Crime No. 0218/2026, under Sections 137(2), 87 of BNS, Police Station- Karchhana, District- Yamuna Nagar (Commissionerate Prayagraj), till submission of the police report/charge- sheet under Section 193 of Bhartiya Nyaya Sanhita, 2023.
September 23, 2026 Rama Kant CRLP No. 21577 of 2026 2 (Padam Narain Mishra,J.) (Salil Kumar Rai,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad