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2025 DAILYLAW 119527 (ALL)

RAVI VERMA @ RAVI KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

CRLP/685/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6033-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 685 of 2025 Petitioner :- Ravi Verma @ Ravi Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Nishad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears on behalf of State-respondents. 2. This petition has been filed with the following prayers :- "I. To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 13-12-2024 filed by opposite party no.6 against the petitioner bearing case crime no.0203/2024 under section 80(2), 85, 352 BNS, 2023 and section 3, 4 DP Act, Police Station Mawai District Ayodhya. The copy of first information report dated 13-12-2024 is being annexed herewith as annexure no.1 to this writ petition. II. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to arrest the petitioner in pursuance to the impugned First Information Report dated 13-12-2024 filed by opposite party no.6 against the petitioner bearing case crime no.0203/2024 under section 80(2), 85, 352 BNS, 2023 and section 3, 4 DP Act, Police Station Mawai, District Ayodhya. The copy of first information report dated 13-12-2024 is being annexed herewith as annexure no.1 to this writ petition. III. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the application dated 2-1- 2025 in investigation of case crime no.0203/2024 under section 80(2), 85, 352 BNS, 2023 and section 3, 4 DP Act, Police Station Mawai, District Ayodhya as per para 107 of UP police regulation in the interest of justice. The copy of application dated 2-1-2025 is being annexed herewith as annexure no.6 to this writ petition. IV. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to fallow the procedure of para 107 of UP police regulation for disposal of application dated 2-1-2025 and fair and proper investigation in this matter." 3. It is the case of the petitioner that he is the husband of the victim and he has been falsely implicated in the impugned F.I.R. The petitioner had gone to Delhi for service when the incident happened, in which, unfortunately his wife died. 4. We have gone through the F.I.R. and we find from the same, a cognizable offence is made out. 5. Learned A.G.A. has produced before this Court instructions sent by Awdesh Yadav, Sub Inspector, P.S. Mawai, District Ayodhya, wherein it has been stated that the investigation is being carried out and, prima facie, the accused were found guilty. The co-accused Satyanarayan Verma alias Kallu and Smt. Kalawati w/o Satyanarayan Verma alias Kallu have been arrested and their statements have been recorded. They are currently lodged in Ayodhya jail. 6. From a perusal of the F.I.R. and of the instructions which are kept on record, this Court finds that a cognizable offence is made out, therefore, the relief as prayed for in the writ petition, cannot be granted in the writ jurisdiction. 7. It is, accordingly, dismissed. 8. However, in case, the petitioner has anything to say in the matter, he can always approach the Investigating Officer concerned with the evidence regarding his not being present at home when his wife died. Order Date :- 29.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench