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2025 DAILYLAW 147819 (ALL)

KAMLA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS LKO. AND 3 OTHERS

CRLP/5630/2025 · 2025-06-26

Kshitij Shailendra, Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36621-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5630 of 2025 Petitioner :- Kamla And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. And 3 Others Counsel for Petitioner :- Sameer Singh,Sakshi Singh Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned petitioners and the learned AGA for the State- respondents. 2. The present petition has been filed seeking quashing of First Information Report dated 21.03.2025 registered as Case Crime No.66 of 2025, under Sections 85, 115(2), 80(2) B.N.S. and Section 3/4 of D.P. Act, P.S. Behta Gokul, District Hardoi. 3. Learned counsel for the petitioners submits that the impugned FIR has been lodged after about 199 days of the alleged incident. It is argued that the entire matrimonial family has been implicated in the impugned FIR. It is further argued that the matrimonial family had admitted the victim to the hospital where she died on account of cardiorespiratory failure and septicemic shock, as is evident from the postmortem report. 4. Considering these facts, the petition is disposed of holding 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 their 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