Allahabad High Court
CRLP/11275/2025 of SMT. MAHIMA AND ANOTHER Vs STATE OF UP AND 2 OTHERS on 29 May 2025
No. - 2025:AHC:93795-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11275 of 2025 Petitioner :- Smt. Mahima And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 11275 of 2025
Petitioner :- Smt. Mahima And Another
Respondent :- State Of Up And 2 OthersCounsel for Petitioner :- Anil Kumar MishraCounsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.'Honble Anil Kumar-X,J.
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1. Heard learned counsel for the petitioners and learned A.G.A.-I for the State.
2. This writ petition has been filed praying to quash the impugned First InformationReport dated 10.5.2025 registered as Case Crime No. 187 of 2025, under Section137(2) B.N.S., P.S.- Behat, District- Saharanpur.
3. Both the petitioners are major and have married with each other out of their ownfree will and as such no offences under Section 137(2) B.N.S. is made out.
4. Be that as it may, the writ petition is disposed off with a direction to theInvestigating Officer to produce the petitioner no. 1 before the concerned ChiefJudicial Magistrate for recording her statement under Section 183 B.N.S.S. withintwo weeks from today. In the event the petitioner No.1 appears before theconcerned Chief Judicial Magistrate within the stipulated period, the Chief JudicialMagistrate concerned shall record her statement under Section 183 B.N.S.S. andshall also ensure age determination of petitioner No. 1 through medicalexamination within two weeks and thereafter the I.O. shall proceed in accordancewith law.
5. For a period of two months from today, the respondents are restrained to arrestthe petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.
(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)
Order Date :- 30.5.2025A.K.Srivastava