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2025 DAILYLAW 122191 (ALL)

KARAN @ KARNRAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO AND 3 OTHERS

CRLP/1060/2025 · 2025-02-07

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8064-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1060 of 2025 Petitioner :- Karan @ Karnraj Respondent :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 3 Others Counsel for Petitioner :- Anurag.S.Kaalesh,Neeraj Kumar Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. The present writ petition has been by the petitioner with the following prayers :- (i). To issue a writ, direction or order in the nature of certiorari commanding and quash the F.I.R of Case Crime No/ F.I.R No. 0017/2025 registered under section 296,74,64,351(2) of B.N.S,2023, on 20.01.2025 at 07:05 Hrs. at Police Station- Purwa, District-Unnao, in respect of the petitioner only. Learned counsel for the petitioner has stated that the petitioner has been falsely implicated in the impugned F.I.R. The informant/respondent No.4 is major and has entered into a sexual relationship with the petitioner out of her own sweet will, knowing fully what she was doing. However, in the impugned F.I.R., it has been alleged that the petitioner gave a false promise of marriage to the complainant/respondent No. 4 and induced her to have sexual intercourse with him. It has also been submitted that there is a long enmity between the parties and the mother of the complainant/respondent No. 4 had also lodged an F.I.R. bearing Case Crime No. 0009 of 2025 on 12.01.2025, under Sections 191(2), 131, 115(2), 352, 351(3) B.N.S., against the petitioner, saying that the petitioner deliberately tries to stop any arranged marriage of her daughter i.e. respondent No.4 with any other person and defames her daughter in society. Now, the daughter, i.e., respondent No. 4, has come up with a false allegation in the impugned F.I.R. Learned A.G.A. has produced before this Court the instructions sent by Sri Amarnath, Incharge Inspector, Police Station Purwa, District Unnao, wherein it has been stated that during the course of the investigation, the statements of the victim/respondent No.4 were recorded under Sections 180 and 183 B.N.S.S. and her medical examination was also conducted. A copy of the case diary containing the statements of the prosecutrix has also been produced before this Court. We have gone through the contents of the impugned F.I.R. and also the contents of the statements of the prosecutrix/respondent No. 4 recorded under Sections 180 and 183 B.N.S.S., and find that a cognizable offense is made out. The said instructions as well as case diary are kept on record. We have also taken notice of the F.I.R. bearing Case Crime No. 0009 of 2025, dated 12.01.2025, under Sections 191(2), 131, 115(2), 352, 351(3) B.N.S., lodged by the mother of the prosecutrix, which alleges a separate offense. Therefore, we find no good ground to grant a prayer as made in the writ petition. The writ petition is accordingly dismissed without prejudice to the legal remedy available to the petitioner under the law. Order Date :- 7.2.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench