SALIK RAM SHUKLA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/3080/2025 · 2025-04-15
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133752 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21039-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3080 of 2025 Petitioner :- Salik Ram Shukla And 2 Others Respondent :- State Of U.P. Thru. Addl. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Ajmal Khan,Javed Khan Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A.
2. This petition has been filed with the following main prayers:-
"i. Issue a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 2.3.2025 vide case crime No. 20 of 2025 under Sections 498-A, 323, 504, 506, 313 of I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bahraich lodged against the petitioners (Contained As Annexure No. 1). ii. Issue a writ order or direction in the nature of mandamus directing the opposite party nos. 2 and 3 not to arrest and not to take any action against the petitoner on the basis of impugned F.I.R. dated 2.3.2025 vide case crime No. 20 of 2025 under Sections 498-A, 323, 504, 506, 313 of I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Bahraich lodged against the petitioners (Contained As Annexure No. 1)."
3. Learned counsel for the petitioners submits that F.I.R. has been logged with false and fabricated facts. The matter relates to matrimonial dispute and petitioners have falsely been implicated in the present case without any cogent and credible evidence only to create pressure upon them.Further submission is that the F.I.R. has been lodged after much delay of about two years without giving any plausible explanation.
4. Learned A.G.A. on the other hand has submitted that looking to the allegation made in the F.I.R., prima facie, offence is made out against the petitioner.
5. Having heard learned counsel for the parties, we do not find any ground to interfere in the F.I.R., as prima facie, it discloses the commission of cognizable offence. Moreover, when we confronted with the counsel for the petitioners for referring the matter to the mediation centre for resolving the dispute amicably, he denied the same.
6. The writ petition is accordingly dismissed. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 15.4.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench