UGRASEN SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
CRLP/3265/2025 · 2025-04-23
Ram Manohar Narayan Mishra, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 135021 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 135021 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22919-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3265 of 2025 Petitioner :- Ugrasen Singh And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Omkar Singh,Akhilesh Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the material available on record.
2. This petition seeks issuance of a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 07.01.2025 lodged on the basis of Tehrir dated 21.10.2024, by the opposite party no.4 bearing F.I.R./Case Crime No. 0006 of 2025, under Sections 85, 115(2), 351(2), 352 of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, 1961 at Police Station- Chinhat, District- Lucknow East (Commissionerate Lucknow).
3. Learned counsel for the petitioner submits that the allegation against the petitioners are general in nature. He further submits that the first information report dated 07.01.2025 making allegation with regard to the incident dated 28.10.2024, but on 21.10.2024 the informant had herself given a letter to the police with entirely different story. He further submits that there are photographs that on 28.10.2024 informant was very happy in the house and there was no complaint at all. He next submits that no criminal case is made out against the petitioners.
4. Learned A.G.A., however, opposes the submissions made by
learned counsel for the petitioners and submits that from reading of the F.I.R. criminal case is clearly made out against the petitioners.
5. We have gone through the submissions of learned counsel for the parties. So far as there is the allegation in the F.I.R. is concerned, we have perused the F.I.R. at length and we find the same are serious and detailed enough for lodging of an F.I.R.
From reading of the F.I.R., primafacie cognizable offence is made out against the petitioners.
6. There are allegation of serious offence being committed inside the house where the petitioners were also present. Even otherwise there are serious allegations against the petitioners also. So far as the letter dated 21.10.2024 is concerned, the same is not in the handwriting of the informant but appears to be written by someone else and on the same of signature is claimed to be that of the informant. The genuineness of the same can only be looked into at the trial and not at this stage. It is not such an un-controvertible documentary evidence which would quash the F.I.R. Same is the situation with regard to the photographs. It is yet to be verified by the appropriate forensic department as to whether the photographs and the date on the same is genuine or not. Hence, at this stage, no case for
consideration is made out.
7. In result, writ petition lacks merit and is dismissed. (Ram Manohar Narayan Mishra, J.) (Vivek Chaudhary, J.)
Order Date :- 23.4.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench