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2025 DAILYLAW 147355 (ALL)

SHAKIRA KHAN @ SHAKRA KHAN AND OTHERS v. STATE OF U.P. THRU. SECY. PRIN. HOME DEPTT. LKO AND OTHERS

CRLP/5631/2025 · 2025-07-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37284-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5631 of 2025 Petitioner :- Shakira Khan @ Shakra Khan And Others Respondent :- State Of U.P. Thru. Secy. Prin. Home Deptt. Lko And Others Counsel for Petitioner :- Priya Mishra, Sheel Nidhi Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. (1) Heard learned counsel for the petitioners, learned A.G.A for the State-respondent nos.1, 2 and 3 and perused the record. (2) This petition has been filed by the petitioners for the following main prayers:- "i) To issue a writ, order or direction in the nature of writ of Certiorari thereby quashing the impugned First Information Report in Police Station Indira Nagar, District Lucknow, dated 02.05.2025 FIR No.87/2025, under Sections 85, 115 (2), 351(2) of B.N.S. and 3, 4 D.P. Act lodged by the Opposite party no.4 as contained in Annexure no.1 to this writ petition. ii) To issue a writ, order or direction in the nature of Mandamus commanding the Opposite party no.2 and 3 to not arrest/ harass the petitioner in pursuance of the impugned First Information Report dated 02.05.2025 in Police Station Indira Nagar, District Lucknow, FIR No.87/2025, under Sections 85, 115 (2), 351(2) of B.N.S. and 3, 4 D.P. Act." (3) It has been submitted by the learned counsel for the petitioners that they have been falsely implicated in the impugned F.I.R. The informant has concocted a story of harassment for dowry against the petitioners and their brothers who lived in Abudhabi. (4) Learned A.G.A. has produced before this Court the instructions dated 23.06.2025 sent by Shri Gaurav Kumar, Sub Inspector/ Investigating Officer, Police Station Indira Nagar, District Lucknow, wherein it has been stated that notice has been issued to the petitioners to cooperate in the investigation but they have not responded. The learned A.G.A. stated that the matter is covered Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, and all the sections invoked against the petitioners as mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. (5) Accordingly, we dispose of this petition with the direction to the petitioners to approach the Investigating Officer and submit their reply and cooperate in the investigation. (6) Till such time that the credible evidence is collected against the petitioners by the Investigating Officer, the petitioners namely Shakira Khan @ Shakra Khan, Shabana Khan, Shana Khan and Ashif Sultan Siddiqui, shall not be arrested in pursuance of the impugned First Information Report dated 02.05.2025 in Police Station Indira Nagar, District Lucknow, FIR No.87/2025, under Sections 85, 115 (2), 351(2) of B.N.S. and 3, 4 D.P. Act subject to their full cooperation in the investigation. Order Date :- 2.7.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench