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2025 DAILYLAW 123771 (ALL)

LALLAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND OTHERS

CRLP/1339/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9968-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1339 of 2025 Petitioner :- Lallan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- G.A.,Dinesh Kumar Mishra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned AGA for the State and Shri Dinesh Kumar Mishra, learned counsel for the complainant. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report lodged by the opposite party No. 4 on 14.12.2024 at 15:25 hours, as First Information Report No. 459 of 2024, Under Sections- 85, 80(2) of B.N.S. and 3/4 D.P. Act, at Police Station- Rampur Mathura, District Sitapur (Contained as Annexure No.- 1), in the interest of justice. (ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opp. Parties 3 not to arrest the Petitioner in pursuance of impugned First Information Report lodged by the opposite party No. 4 on 14.12.2024 at 15:25 hours, as First Information Report No. 459 of 2024, Under Sections- 85, 80(2) of B.N.S. and 3/4 D.P. Act, at Police Station- Rampur Mathura, District Sitapur (Annexure 1) in the interest of justice." It has been submitted by learned counsel for the petitioner that the petitioner is father-in-law and has been falsely implicated in the impugned FIR. No specific role has been assigned to the petitioner. He had never demanded any dowry nor had tortured the deceased for such dowry. Having gone through the FIR this Court finds prima facie.,that a cognizable offence is made out. We do not wish to interfere. The writ petition stands dismissed. Order Date :- 14.2.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench