MONIKA DWIVEDI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/1688/2025 · 2025-05-08
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125672 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125672 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27100-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1688 of 2025 Petitioner :- Monika Dwivedi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Vaibhav Upadhyay Counsel for Respondent :- G.A.,Gaurav Shukla,Govind Narayan Shukla,Lalit Kishore Pandey,Sharad Pathak Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the parties.
2. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 3.1.2025 bearing F.I.R./Case Crime No.2 of 2025, under Sections 406, 420, 467, 468, 471, 506 I.P.C. at Police Station-Mahanagar, District-Lucknow.
3. In this case, earlier Sections 467, 468 and 471 of I.P.C. were dropped against the petitioners by the Investigating Officer concerned during course of investigation.
4. Learned A.G.A., on instructions, states that the A.C.P. concerned on finding some shortcomings in the investigation, added Sections 467, 468 and 471 of I.P.C. again against the petitioners by order dated 31.1.2025 and a new Investigating Officer was also appointed in the case on 5.2.2025. He further submits that petitioners also have criminal history, which they have not disclosed in the writ petition.
5. Further, as per report of the Mediation and Conciliation Centre of this Court dated 8.4.2025, mediation has failed between the parties.
6. In view of above and also on the ground of concealment of criminal history, this Court is not inclined to exercise its discretionary jurisdiction.
7. From perusal of the impugned F.I.R. also, prima facie, a cognizable offence is made out against the petitioners, so the relief as claimed by the petitioners in the present petition cannot be granted under Article 226 of the Constitution of India.
8. Accordingly, writ petition is dismissed. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.] Order Date :- 8.5.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench