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2025 DAILYLAW 116670 (ALL)

MUNNU LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 5 OTHERS

CRLP/464/2025 · 2025-01-23

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4509-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 464 of 2025 Petitioner :- Munnu Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 5 Others Counsel for Petitioner :- Brijesh Kumar Pushkar,Surya Prakash Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard the learned Counsel for the petitioner, the learned A.G.A. for the State-respondents and perused the material placed on record. 2. This writ petition has been filed on behalf of the petitioner seeking following main relief:- "(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties concerned to transfer the investigation of the case crime/FIR No.0554/2024 under Section 87 of B.N.S., 2023, Police Station-Kotwali City, District-Hardoi from the opposite party No.3 to any other independent agency, in the interest of justice." 3. In view of the order proposed to be passed issuance of notice to respondent No.5 and 6 is dispensed with. 4. It is the case of the petitioner that he is the father of the victim, who was married on 06.03.2024 to one Pratap son of Suresh, copy of the wedding card and photographs are annexed as Annexure No.2 and 3 to this writ petition. The daughter of the petitioner came to her paternal home from her matrimonial house after five months of marriage and the respondent No.5 ran away with the daughter of the petitioner. The petitioner lodged an FIR on 01.09.2024 but under wrong section of B.N.S, 2023 being an illiterate person on his complaint made on 21.10.2024, he was told that his daughter is major and matured enough to understand her well being. The petitioner having knocked various doors including the politicians could not get any relief and has therefore, filed this writ petition with aforesaid prayer. 5. The learned A.G.A. for the State-respondents has produced before this Court instruction dated 13.01.2025 sent by Sub Inspector named Prince Kumar, Police Station-Kotwali City, District-Hardoi wherein it has been stated that after lodging of the FIR in Case Crime No.554/2024 under Section 87 of B.N.S., 2023, the Investigating Officer had conducted a preliminary investigation and had found that the daughter of the victim was 22 years old on being recovered had stated that she had gone with the respondent No.5 on her own free will and that now they are both married and living happily. 6. The learned A.G.A. further submits that final report has been filed by the Investigating Officer on 29.07.2024 before the court concerned. Copy of the final report filed before the Chief Judicial Magistrate concerned is enclosed with the aforesaid instruction. The Instruction dated 13.01.2025 is taken on record. 7. In view of the above, the writ petition stands disposed of leaving it open to the petitioner to file a protest application before the concerned if he is still aggrieved. [Om Prakash Shukla, J.] [Sangeeta Chandra, J.] Order Date :- 23.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench