RADHA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/5094/2025 · 2025-06-11
S Q H Rizvi, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145389 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145389 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35314-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5094 of 2025 Petitioner :- Radha Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gulam Mustafa Counsel for Respondent :- G.A.,Rajendra Kumar Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard.
2. Present petition has been filed for the following main relief:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 18.05.2025 lodged by the opposite party no.4 at police station Purwa, District Unnao registered as Case Crime No. 163/2025, under Section 85, 80(2) B.N.S. & 3/4 of Dowry Prohibition Act contained in annexure no.1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 not to arrest the petitioners in pursuance of the impugned F.I.R. dated 18.05.2025 lodged by the opposite party no.4 at police station Purwa, District Unnao registered as Case Crime No. 163/2025, under Section 85, 80(2) B.N.S. & 3/4 of Dowry Prohibition Act, in the interest of justice."
3. By means of the present petition, the petitioner has impeached the F.I.R. dated 16.05.2025 lodged by the opposite party no.4 at Police Station Purwa, District Unnao, registered as Case Crime No. 163/2025, under Section 85, 80(2) of B.N.S. & 3/4 D.P. Act.
4. According to the case of the prosecution as appears from the record including the F.I.R., it appears that the deceased and the petitioner namely Radha (mother- in-law of the deceased) were living under one roof and on the date of incident i.e. 14.05.2025 there was no other person.
5. Considering the aforesaid, this Court finds that this is not a case in which this Court should exercise its power under Article 226 of the Constitution of India.
6. Accordingly, the present writ petition is consigned to record with liberty to the petitioner to avail the remedy, as available under law. Order Date :- 11.6.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench