LAXMI SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 8 OTHERS
CRLP/622/2025 · 2025-01-29
Ajai Kumar Srivastava I, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118737 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6002-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 622 of 2025 Petitioner :- Laxmi Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 8 Others Counsel for Petitioner :- Sheel Nidhi Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner, learned A.G.A., who appears for the State-respondents and Ms. Priya Mishra, Advocate who has filed her Vakalatnama on behalf opposite party nos.5 to 9 toay. The same is taken on record. This petition has been filed with the following prayers :
"(i) To issue a writ, order or direction in the nature of writ of certiorari thereby quashing the impugned First Information Report in Police Station Lalganj, District Pratapgarh dated 19.10.2024, FIR No.444 of 2024, under Sections 498, 4036, 504, 506 I.P.C., lodged by the opposite party no.4. (ii) To issue a writ, order or direction i the nature of mandamus commanding the opposite party no.2 and 3 to not arrest/ harass the petitioner and opposite party nos.5 to 9 in pursuance of the first information report, Police Station Lalganj, District Pratapgah dated 19.10.2024, FIR No.444 of 2024, under Sections 498, 406, 504, 506 I.P.C. lodged by the opposite party no.4."
Learned counsel for the petitioner submits that the petitioner has not been abducted by the opposite party nos.5 to 9 but had gone out of her own free will and she is not an accused in the impugned F.I.R. but is praying for quashing of the same to help the opposite party nos.5 to 9, who have
genuinely helped her. Learned A.G.A., on the basis of instructions sent by Shri Vivek Kumar, Sub Inspector, Police Station Lalganj, District Pratapgarh, wherein it has been stated that the petitioner is also one of the accused. The copy of such instructions is kept on record. The writ petition is disposed of, giving the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273 for the reasons that all the sections mentioned in the impugned F.I.R. carry upto the punishment of seven years of imprisonment.
Order Date :- 29.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench