SMT. TABBASUM JAHAN OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND OTHERS
CRLP/5421/2025 · 2025-06-24
Kshitij Shailendra, Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147237 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147237 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36195-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5421 of 2025 Petitioner :- Smt. Tabbasum Jahan Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Amrit Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State respondent and perused the record.
2. The present petition has been filed by the petitioners for quashing the F.I.R. No. 129 of 2025, under Sections 3(5), 191(2), 191(3), 190, 125, 131, 352, 351(3), 109(1) of B.N.S., Police Station Leelapur, District Pratapgarh.
3. Learned counsel for the petitioners contended that general allegations were leveled against the various persons including the petitioners herein and from the perusal of the FIR, the ingredients of Section 307 IPC are completely missing. He further contended that some of the petitioners are ladies and girls of tender age.
4. Learned A.G.A. submits that an attempt was made to assault the police personnel, who had visited the spot of dispute, therefore, cognizable offence is made out.
5. Prima facie, there is no specific allegation against the petitioners and general allegations have been leveled against the various persons including the petitioners. The investigation of the case is still pending, therefore the petitioners are found entitled for interim protection till the conclusion of investigation.
6. In view of the above, the present petition is
disposed of with direction that the petitioners
shall not be arrested in pursuance of the FIR in question till the submission of the police report under Section 193(3) of B.N.S.S., however the petitioners shall cooperate with the investigation. {Kshitij Shailendra,J.} {Pankaj Bhatia, J.}
Order Date :- 24.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench