CRIMINAL MISC. WRIT PETITION No. 4580 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:35547-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4580 of 2025 Petitioner :- Osama Riyaz Khan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashwani Kumar Pathak Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and perused the record. 2. This writ petition has been filed praying to quash the first information report dated 13.02.2025 registered as Case Crime No.113 of 2025, under Sections 137(2), 87 B.N.S., P.s. - Chiluwatal, District- Gorakhpur and not to arrest the petitioner pursuant to the said FIR. 3. The impugned F.I.R. is being challenged on the ground that the informant's daughter (victim herein) has already recorded her statement under Section 183 B.N.S.S. 2023 and the same is also annexed as Annexure No.4 to the instant petition. Learned counsel for the petitioner submits that as per the statement recorded by the victim, no offence under Sections 137(2), 87 B.N.S is made out against the petitioner. Moreover, the deponent is the first wife of the petitioner herein, therefore, infe