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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21818 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. The petitioner has come up challenging the impugned FIR giving rise to Case Crime No. 0385 of 2025, under Sections 85, 109 and 115(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station - Didauli, District - Amroha.
2. Heard learned Counsel for the petitioner Mr. Alok Kumar Pandey at great length in support of the motion to admit this petition to hearing, Mr. Shashi Shekhar Tiwari, learned Additional Government Government, appearing for respondent nos. 1 to 3 and Mr. Anmol Kumar Dubey, Advocate holding brief of Mr. Ishwar Chandra Tyagi, learned Counsel, appearing on behalf of respondent no. 4.
3. The allegation against the petitioner, who is a mother-in-law of sorts, is that she participated in a deadly assault upon the victim where the main role is assigned to Sonu, the victim's brother-in-law (devar) and Jitendra, another brother-in-law (devar). The petitioner, who is the mother of these two assailants, was exhorting them.
4. The assault is one by inflicting burn injuries throwing some inflammable substance upon the victim by Sonu which, the other accused Jitendra, set alight. The victim is still under treatment for burn injuries in the hospital. The photographs of the victim have been produced before us which are part of the case diary and show prima facie widespread burn injuries. Versus Counsel for Petitioner(s) : Alok Kumar Pandey, Kuvar Akhilesh Singh, Susheel Kumar Pandey Counsel for Respondent(s) : G.A., Ishwar Chandra Tyagi Smt. Anita .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. It has been argued at length by Mr. Alok Kumar Pandey that no specific role has been assigned to the petitioner, who is a woman.
6. These are all disputed defences which are to be considered during trial or at the hearing of her plea or for bail, anticipatory or regular, but not in a petition, which seeks to quash the impugned FIR under Article 226 of the Constitution.
7. In the circumstances, we do not find any good ground to interfere with the ongoing investigation. This petition is, accordingly, dismissed. September 24, 2025 Prashant D.
CRLP No. 21818 of 2025 2 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad