Neutral Citation No. - 2025:AHC-LKO:4080-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 391 of 2025 Petitioner :- Ghanshyam Gautam And 2 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Ashok Kumar Pathak,Mayank Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. 1. Heard Sri Udai Pratap Singh, Advocate holding brief of Sri Ashok Kumar Pathak, learned counsel for the petitioners and learned A.G.A. who appears on behalf of opposite party Nos. 1 and 2. 2. For the order proposed to be passed, issuance of notice to opposite party No.3 is dispensed with. 3. This petition has been filed by the petitioner for the following prayer: "a. a writ, order or direction in the nature of certiorari to quash impugned First Information Report registered at FIR/Case Crime No. 0262/2024, under Section-115(2), 352, 351(3), 92 B.N.S., 2023 Police Station-Ranipur, District Bahraich dated 30.10.2024 lodged by opposite party no.3 against the Petitioners which is contained as Annexure No.1 to this petition. b. a writ order or direction in the nature of mandamus thereby commanding to the opposite parties no. 1 and 2 not to arrest to Petitioners in pursuance to the First Information Report registered at FIR/Case Crime No. 0262/2024, under Section- 115(2), 352, 351(3), 92 B.N.S. 2023 Police Station-Ranipur, District Bahraich dated 30.10.2024 lodged by opposite party no.3 against the Petitioners and one another person." 4. It has been submitted by the learned counsel for the petitioners that initially the F.I.R. had been lodged 115(2), 352, 351(3) of B.N.S. 2023. Now, during course of investigation Section 92 B.N.S. has been added. The husband of the opposite party No.3 has given an application to the Superintendent of Police, Bahraich along with affidavit on 10.01.2025 to the effect that the present case has been lodged on false grounds and the petitioners are innocent. 5. We have gone through the affidavit filed. We have also gone through the contents of the F.I.R. and the medical report. The post-mortem report along with Case Diary has been produced by the learned A.G.A. and we find that on medical being conducted of opposite party No.3, it was found that she was pregnant for about 5-6 months and as a result of the alleged beating carried out by the petitioners, her fetus/female baby died due to ante-mortem head injury. 6. We do not find it a good case where the relief as claimed by the petitioners can be granted by this Court in writ jurisdiction. 7. The writ petition stands dismissed. Order Date :- 22.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench