Abhinav vs State of U.P. and 3 Others

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 9677 of 2025

Applicant :- Abhinav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kanhaiya Mishra,Sandeep Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Supplementary affidavit filed by learned counsel for applicant in Court today, is taken on record.

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Heard Mr. Ramesh Kumar Saxena, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1.

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Perused the record.

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Applicant-Abhinav, who is a charge sheeted accused and has been summoned by court below, has approached this Court by means of present application under Section 528 B.N.S.S.

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At the very outset, learned AGA submits that Crl. Misc. Writ Petition No.18274 of 2024 (Abhinav Vs. State of U.P. and 4 others) challenging the FIR dated 21.09.2024 giving rise to present criminal proceedings was filed by applicant before this Court wherein an interim order dated 15.10.2024 was passed. For ready reference the same is reproduced herein under :

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"Vakalatnama filed by Sri Pankaj Kumar Singh Advocate on behalf of respondent No.3 is taken on record.

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Heard learned counsel for the petitioner, learned counsel for the respondent No.3 and learned A.G.A. for the State-respondent.

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This writ petition has been filed challenging the first information report dated 21.09.2024, arising out of Case Crime No.0535 of 2024, under Sections 363, 376, 323, 504, 506 IPC and Section 3/4 of POCSO Act, Police Station Deoband, District Saharanpur.

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The contention of learned counsel for the petitioner is that the alleged incident occurred as per the first information report on 04.04.2024, and the FIR was got lodged on 21.09.2024. It is the contention of the learned counsel for the petitioner that the petitioner and victim had married each other on 04.04.2024 in an Arya Samaj Temple and that the petitioner and the alleged victim had also sworn an affidavit before the notary stating that they had married each other with the consent of the parents of the victim. Learned counsel for the petitioner stated that the Arya Samaj had also issued a

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marriage certificate.

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However, learned counsel appearing for the first informant has stated that the victim was not an adult at the time of marriage and that she had also not got her statement recorded before the Magistrate.

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Considering the documents which have been filed by the petitioner, we consider it appropriate, that if the statement of the victim has not been recorded as of today, then the same be recorded and be placed before this Court through the learned A.G.A. Still further, we are of the view that the age of the victim be got determined by the method of ossification once again by the C.M.O. Saharanpur. This report be also placed before us by the learned A.G.A.

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Since it has been averred in the writ petition that petitioner had actually married the victim in a Arya Samaj Temple on 04.04.2024, and there is also a photo copy of the affidavit which was sworn by the petitioner and the victim on 30.08.2024, we consider it appropriate that till next date of listing the petitioner be not arrested in aforesaid case crime, subject to his cooperation in the investigation.

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List this case as a fresh case on 14.11.2024, showing the name of Sri Pankaj Kumar Singh, as counsel for the respondent No.3.

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On that date learned A.G.A. may produce before the Court the statement of the victim recorded under Section 164 Cr.P.C. and also the ossification report."

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Learned counsel for applicant fairly submits that aforementioned criminal misc writ petition is still pending and the interim order dated 15.10.2024 was lastly extended on 14.11.2024.

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In view of above, it is desirable that this application be heard along with aforementioned criminal misc. writ petition.

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Accordingly, connect this application with above mentioned writ petition.

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The matter shall re-appear re-appear as fresh on 23.04.2025 along with connected matter before appropriate Bench after obtaining an order of nomination from Hon'ble the Chief Justice.

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When the matter is listed next the details of both the matters shall be duly published in the cause list.

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Order Date :- 16.4.2025 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Abhinav v. State of U.P. and 3 Others

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Abhinav v. State of U.P. and 3 Others

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