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2025 DAILYLAW 148288 (ALL)

RAMESH @ RAMESH CHANDRA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/5751/2025 · 2025-07-01

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36959-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5751 of 2025 Petitioner :- Ramesh @ Ramesh Chandra And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Prabhakar Pandey,Ujjwal Mishra,Vinod Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners and learned A.G.A. In view of the order proposed to be passed, issuance of notice to respondent no. 4 is dispensed with. 2. This petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the opposite party No. 4 on 16.06.2025 at 20:00 hours, as First Information Report No. 425 of 2025, Under Sections- 85, 80(2), 123, 351(3) of B.N.S. and 3/4 D.P. Act, at Police Station- Kotwali City, District - Hardoi for the incident dated 13.06.2025 (Contained as Annexure No.-1), in the interest of justice. ii) Issue a writ order or direction in the nature of mandamus commanding the Opposite Parties particularly Opposite Party No. 2 and 3 not to arrest the Petitioners in pursuance of impugned First Information Report No. 425 of 2025, Under Sections- 85, 80(2), 123, 351(3) of B.N.S. and 3/4 D.P. Act, at Police Station- Kotwali City, District - Hardoi for the incident dated 13.06.2025 (Contained as Annexure No.-1), in the interest of justice." 3. It is the case of the petitioner that the petitioners are the father-in-law and mother-in-law respectively of the deceased who died out of snake bite naturally but it has been falsely stated in the F.I.R. that the petitioner along with the other co-accused person had consumed poison to the sister of the respondent no. 4. Such false implication has been made by respondent no. 4 only to extract money. 4. It has also been stated that there is inordinate delay in lodging of the F.I.R., as the alleged incident stated to have happened on 13.6.2025 and F.I.R. was lodged on 16.6.2025, which itself makes story suspect. It has been stated by the learned counsel for the petitioner that the petitioners are living in separate hut/Madha from their son and daughter-in-law. 5. This Court after going through the record and all the annexures filed along with petition finds that no documentary evidence has been filed by the petitioners indicating that petitioners are living in separate resident. They have also not filed a copy of the 'Panchnama' prepared by the police nor they have filed any discharge summary of the private hospital where the victim was allegedly taken for her treatment by the petitioners. 6. From perusal of the F.I.R. a cognizable offence is made out. No ground for interference by this Court is made out. 7. The writ petition is, accordingly, dismissed. Order Date :- 1.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench