Smt. Rinki and Another vs State of Up and 3 Others

Neutral Citation No. - 2024:AHC:175004-DB

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 19981 of 2024

Petitioner :- Smt. Rinki And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shiva Shanker Yadav Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the petitioners, Sri Shashidhar Pandey, learned AGA for the State-respondent.

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This writ petition has been filed praying to quash the first information report dated 15.10.2024 registered as Case Crime No.0494 of 2024, under Sections 87, 137(2) of B.N.S., 2023, Police Station Soro, District Kasganj and not to arrest the petitioners pursuant to the said FIR.

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It is stated in the writ petition that both the petitioners are major and have married with each other out of their own free will and as such no offence under the aforesaid sections is made out.

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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.

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For a period of two months, the respondents are restrained to arrest the petitioners pursuant to impugned first information report.

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Order Date :- 7.11.2024

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Smt. Rinki and Another v. State of Up and 3 Others

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Smt. Rinki and Another v. State of Up and 3 Others

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