ALOK AGNIHOTRI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5548/2025 · 2025-09-15
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147794 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 5548 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J. Heard. This Court has passed order dated 26.6.2025 which reads as under :-
"1. Heard learned petitioner and the learned AGA for the State-respondents.
2. The present petition has been filed seeking quashing of First Information Report dated 23.02.2025 registered as Case Crime No.132 of 2025, under Sections 108 B.N.S., P.S. Kotwali City, District Hardoi.
3. Learned counsel for the petitioners submits that in the FIR it was alleged that the wife of the petitioner has committed suicide. The petitioner is being tried for offence punishable under Section 108 B.N.S. It is argued that the ingredients to attract and punish the petitioner under Section 108 B.N.S. are missing.
4. Matter requires consideration.
5. Issue notice to respondent no.5.
6. Steps be taken by registered post within two weeks.
7. List after one month before appropriate Bench.
8. In the meantime, the parties may exchange their affidavits.
9. Till the next date of listing, as an interim measure, no coercive action shall be taken against the petitioner in pursuance to the impugned FIR, subject to his co-operation in the investigation." Shri Girijesh Kumar Dwivedi, learned A.G.A. has filed counter affidavit Versus Counsel for Petitioner(s) : Bhagwati Prasad Nigam, Anurag Shukla Counsel for Respondent(s) : G.A., Arjun Singh Kalhans Alok Agnihotri .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
which is taken on record. As per aforesaid counter affidavit charge sheet has been filed against the petitioner. In the wake of the aforesaid averment nothing remains to be adjudicated in the present writ petition, therefore, the writ petition is consigned to the records, however, it is always open for the petitioner to take appropriate legal recourse before the appropriate court of law challenging the chargesheet. September 15, 2025 mks CRLP No. 5548 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench