HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22888 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. Heard Mr. Manoj Kumar, the learned counsel for petitioners and the learned A.G.A. representing respondents 1, 2 and 3. Perused the record. Challenge in this Criminal Misc. Writ Petition is to the F.I.R. dated 23.8.2025 registered as Case Crime No. 0412 of 2025, under Sections 85, 115 (2), 351 (3), 352 B.N.S. 2023 and Sections 3/4 of Dowry Prohibition Act, Police Station Mehnagar, District Azamgarh. Record shows that in the aforesaid F.I.R., all the petitioners have been nominated as named accused. It is an admitted fact to the prosecution that petitioner 5 Suman is the married nand of the victim. Simply an omnibus of vague and bald allegations has been made in the F.I.R. without material particulars in respect of petitioner 5. In view of above and also the law laid down by Apex Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Others, (2022) 6 SCC 599, and Shobhit Kumar Mittal Vs. State of Uttar Pradesh & another, 2025 SCC Online SC 2059, prima facie the F.I.R. against petitioner 5 is not sustainable. We, therefore, entertain the writ petition only in respect of petitioner 5. Notice on behalf of State opposite parties 1, 2 and 3 has been accepted by the learned A.G.A. Versus Counsel for Petitioner(s) : Manoj Kumar Counsel for Respondent(s) : G.A. Israuta And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Issue notice to opposite party 4. All the opposite parties may file their respective counter affidavits within four weeks. Petitioners will have two weeks thereafter to file their rejoinder affidavits. List this writ petition for admission on 25.11.2025 before appropriate Bench. Considering the facts and circumstances of the case, as noted above, as an interim measure, it is, hereby, provided that until further orders of this Court, petitioner 5 Suman shall not be arrested in Case Crime No. 0412 of 2025, under Sections 85, 115 (2), 351 (3), 352 B.N.S. 2023 and Sections 3/4 of Dowry Prohibition Act, Police Station Mehnagar, District Azamgarh. The writ petition in respect of petitioners 1, 2, 3, 4 and 6 shall stand dismissed, inasmuch as prima facie, cognizable offence is made out against aforesaid petitioners as per the F.I.R. impugned in present writ petition. October 7, 2025 HSM CRLP No. 22888 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad