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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21835 of 2025 Court No. - 42 HON'BLE J.J. MUNIR, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Vakalatnama on behalf of respondent no.3, filed by Mr. Sanjay Kumar Dwivedi, Advocate is taken on record. Let it be numbered by the office, if not already numbered. Heard Mr. Arvind Kumar Tiwari, learned counsel for the petitioners, Mr. Sanjay Kumar Dwivedi, learned counsel for respondent no.3 and Mr. Rahul Asthana, learned A.G.A. on behalf of the State. The petitioners have come up challenging the FIR dated 10.08.2025 giving rise to Case Crime No.189 of 2025, under Sections 80, 85, 191(2) of the B.N.S., 2023 and Section 3/4 D.P. Act, Police Station Surir, District Mathura. The case of the petitioners is that they have been implicated on the basis of general allegations and that they are innocent. The responsibility whatever it is, rests with the deceased's husband. There are no ante mortem injuries sustained by the deceased which may show the petitioners' involvement. A perusal of the impugned FIR shows that the deceased was the first petitioner's daughter-in-law and the second and third petitioners' sister-in- law (brother's wife). She was subjected to cruelty in connection with dowry demand and allegedly done to death on 09.08.2025 by her husband, two brothers-in-law, father-in-law and mother-in-law, who are said to have hanged her to death by making a noose out of her saree. The Versus Counsel for Petitioner(s) : Arvind Kumar Tiwari Counsel for Respondent(s) : G.A. Meena And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
information of her demise was communicated to the informant and his family late in the night. When the informant reached the deceased's home, her body had already been dispatched for autopsy. A case of this kind has to be thoroughly investigated. It is further noticed that in the Autopsy Report annexed at page 34 of the paper book, in the doctor's opinion, the cause of death is 'asphyxia due to strangulation'. The point that Viscera has been preserved and sent for chemical analysis, is besides the point since the cause of death is strangulation. The submissions of the learned Counsel for the petitioners though very persuasive, cannot be accepted. The reason is that, we cannot in this jurisdiction of ours, venture into examining or evaluating the petitioners' disputed defences. Those defence pleas have to await trial.
In these circumstance, no case for interference with the impugned FIR is required. The petition is dismissed. September 24, 2025 S.A.
CRLP No. 21835 of 2025 2 (Pramod Kumar Srivastava,J.) (J.J. Munir,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad