Neutral Citation No. - 2025:AHC-LKO:6877-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 891 of 2025 Petitioner :- Nanhe @ Ashok @ Ashok Kumar Singh And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Sandhya Devi,Neha Chaurasia Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A., who appears on behalf of the State-respondents. 2. This petition has been filed with the following main prayers:- "1. Issue a writ, order or direction in the nature of Certiorari for quashing the first information report at Case Crime/F.I.R. No. 0173/2024, under section 498-A, 323, 504, 506 Ι.Ρ.C., & ¼ D.P. Act, Police Station- Mahila Thana, District-Bahraich dated 17.10.2024, lodged by the opposite party no.4 against the Petitioners and five other named persons, contained as Annexure No.1 to the writ petition, in the interest of justice. 2. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties particularly for compliance of provision of section 41 and section 41-A of the code of Criminal Procedure as Provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 in relation to first information report at Case Crime/F.I.R. No.0173/2024, under section 498-A, 323, 504, 506 Ι.Ρ.C., & ¼ D.P. Act, Police Station- Mahila Thana, District-Bahraich dated 17.10.2024, lodged by the opposite party no.4 against the petitioners and five other named persons, contained as Annexure no.1 to the writ petition, in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that since all the sections invoked against the petitioners carry the sentence of upto 7 years of imprisonment, therefore, the petitioners are entitled for the benefit of judgment passed by Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. 4. Learned A.G.A. has produced before this Court instructions dated 30.01.2025 sent by Sri Indrasen Singh, Sub Inspector, P.S. Mahila Thana, District Bahraich, wherein it has been stated that charge sheet has been prepared against Shanu Singh (husband), Sanjay Singh (father in law), Renu Singh, ( mother in law) and Vineet Singh, (devar) under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P.Act and against Nanhe @ Ashok and Amrendra Singh under Section 498-A IPC on 30.01.2025. 5. From perusal of the array of the petitioners, this Court finds that petitioner nos.1 and 3 have already been charge sheeted. 6. In so far as petitioner nos.2,4 and 5 are concerned, the Investigating Officer could not find any material evidence during investigation and has dropped their names. 7. The writ petition is partly allowed in so far as petitioner nos.2,4 and 5, namely, Saloni @ Saloni Singh, Ragini @ Ragini Singh and Adarsh @ Adarsh Kumar Singh are concerned and the FIR No.0173 of 2024 filed against them stands quashed. 8. In so far as the petitioner nos.1 and 3 are concerned, since charge sheet has already been prepared and submitted to the supervisory authority, this petition is disposed of with liberty to them to approach the appropriate forum. Order Date :- 31.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench