SUNDEEP KUMAR @ SANDEEP KUMAR SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
CRLP/5433/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147142 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147142 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36478-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5433 of 2025 Petitioner :- Sundeep Kumar @ Sandeep Kumar Srivastava And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Ravi Prakash Mishra,Ram Suphal Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned petitioners, learned AGA for the State- respondents and Shri Dhirendra Kumar Awasthi, learned counsel, who appears for the respondent no.5.
2. The present petition has been filed seeking quashing of First Information Report dated 21.05.2025 registered as Case Crime No.351 of 2025, under Sections 498-A, 323, 506, 376 IPC and Sections 3 and 4 of D.P. Act, P.S. Kotwali City, District Hardoi.
3. Learned counsel for the petitioners submits that with same allegations of same date, on 24.09.2024, an application under Section 144 of B.N.S.S. was filed before the Principal Family Court, Hardoi, which is on record. With the same allegations, FIR in question was lodged almost after eight months on
21.05.2025. In the said FIR, entire family has been implicated. He further argues that the allegation against the petitioner no.2 with regard to allegation of Section 376 IPC was not even mentioned while filing application under Section 144 of B.N.S.S. In short, it is proposed to be argued that the entire FIR is mala fide.
4. Considering the nature of allegations levelled in the FIR which are primarily in contradiction to the earlier application under Section 144 B.N.S.S., a case for interference is made out.
5. The petition is disposed of with a direction to the police
authorities that no coercive action shall be taken against the petitioners till submission of police report under Section 193(3) of B.N.S.S. subject to petitioners' co-operation in the investigation. Order Date :- 26.6.2025 AKShukla/- (Kshitij Shailendra, J) (Pankaj Bhatia, J) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench