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2025 DAILYLAW 115358 (ALL)

ALKA AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/202/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2172-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 202 of 2025 Petitioner :- Alka Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Janardan Dixit Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. 2. This petition has been filed with the following main prayers :- "(i) issue a writ order or direction in the nature of CERTIORARI for quashing the impugned FIR No.0224/2024, dated 08.06.2024, lodged Under Section- 323, 504, 506, 452, 427 IPC at Police Station- Sandi, District- Hardoi (contained as ANNEXURE NO. 1). (ii) issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 3 not to arrest to to the petitioner in pursuance of aforesaid FIR No. 0224/2024, dated 08.06.2024, lodged Under Section- 323, 504, 506, 452, 427 IPC at Police Station- Sandi, District- Hardoi by opposite party no. 4 against the petitioner." 3. It is the case of the petitioner that the marriage of the petitioner's daughter, Pratibha Awasthi was solemnized with one Rajat Kumar, who is the brother of the informant, on 27.06.2020. The petitioner's daughter, Pratibha Awasthi was harassed for more dowry and tortured and beaten up and ousted from the matrimonial home on 09.03.2023. The petitioner's daughter thereafter filed the first information report on 19.05.2024 against the brother of the informant and other family members under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, at Police Station Kotwali Dehat, District Hardoi. After getting knowledge of the first information report so lodged on 19.05.2024, only to pressurize the petitioner's daughter and her family, the impugned first information report has been lodged. 4. Not only the daughter of the petitioner had filed the first information report against the informant's brother and other relatives, but the son-in-law of the petitioner had filed a suit under Section 9 of the Hindu Marriage Act, which is pending, and also a suit under Section 13 of the Hindu Marriage Act for divorce against the petitioner's daughter. 5. The learned A.G.A. has produced before this Court copy of instructions dated 02.01.2025 sent by one Shivam Pratap Singh, Sub-Inspector (trainee), Police Station Sandi, District Hardoi, wherein, it has been stated that in the earlier first information report, which was lodged on 19.05.2024, a charge sheet has been prepared against the accused. On the other hand, in Case Crime No.224 of 2024 i.e. the impugned first information report, which was lodged on 08.06.2024, the investigation stood completed on 27.06.2024 and charge sheet No.A215 of 2024, under Sections 323, 504, 506 and 427 I.P.C. has been sent to the Supervisory Authority/ Circle OfÏcer. 6. The instructions are kept on record. 7. The present writ petition stands disposed of with liberty to the petitioner to approach the appropriate court for relieves as are admissible on filing of charge sheet. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 13.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench