Ruchi Sharma v. State Of U.P. And 3 Others
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 61(2), 70(2), 87, 111, 127(3), 351(3)
- Sexual Offences Act
- Prevention of Immoral Trafficking Act ss. 3, 4, 5, 6, 7, 9
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 183
Judgment
: Avanish Kumar Srivastava : G.A. Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J.
Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.
This writ petition has been filed for quashing of the First Information Report dated 13.1.2025 giving rise to Case Crime No.20 of 2025 under sections 87, 127(3), 351(3), 3(5), 70(2), 111, 61(2) of Bharatiya Nyaya Sanhita, 2023; section 5g/6 of Prevention of Children from Sexual Offences Act and sections 3, 4, 5, 6, 7 and 9 of Prevention of Immoral Trafficking Act, Police Station Shahpur, District Gorakhpur. The petitioner has also prayed that she be not arrested in pursuance of the impugned FIR.
Contention of learned counsel for the petitioner is that the petitioner was not named in the FIR and only when the statement under section 183 BNSS was recorded her name had surfaced in the case. Learned counsel for the petitioner further stated that no specific allegation has been made against the petitioner.
Matter requires consideration.
Learned AGA appears for respondent nos.1, 2 and 3. Issue notice to respondent no.4 by registered post. Steps may be taken within ten days.
Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition on the date fixed in the notice. 2 CRLP No. 27340 of 2025
Till the next date of listing or till the submission of police report, whichever is earlier, the petitioner shall not be arrested subject to her cooperation in the investigation. In the event, the petitioner does not cooperate in the investigation, the police would be at liberty to approach this Court. November 27, 2025 GS (Achal Sachdev,J.) (Siddhartha Varma,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.