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2025 DAILYLAW 149294 (ALL)

RAJ @ RAAZ v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

CRLP/6026/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38986-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6026 of 2025 Petitioner :- Raj @ Raaz Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A. And Case :- CRIMINAL MISC. WRIT PETITION No. - 6028 of 2025 Petitioner :- Deepak Alias Deepak Kumar And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Sunil 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 as well as learned A.G.A. for the State and perused the record. 2. This writ petitions have been filed with following prayers: "(i) ISSUE a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report dated 15.6.2025 registered at case crime no.469/2025 under section 85, 351 (2), 64 B.N.S. and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Unnao, as contained in Annexure no. 1. (ii) ISSUE a writ order or direction in the nature of Mandamus commanding and directing the opposite parties no. 3 not to arrest the petitioners in connection with First Information Report dated 15.6.2025 registered at case crime no.469/2025 under section 85, 351 (2), 64 Β.Ν.S. and 3/4 Dowry Prohibition Act, Police Station Kotwali, District Unnao, as contained in Annexure no. 1, during the pendency of this writ petition." 3. It has been submitted by learned counsel for the petitioners that the petitioners namely Deepak @ Deepak Kumar, Chandrika, Meenu and Raj @ Raaz are husband, father-in-law, mother-in-law and brother-in-law, respectively, of the opposite party no.4/Kajal. 4. It has also been submitted that the facts as mentioned in the F.I.R. are concocted as the informant is alleged wife of petitioner - Deepak and it appears that there is some dispute between the husband and alleged wife. The petitioners have tried to find out the antecedents of the opposite party no.4 and came to know that she is a habitual blackmailer as she has already performed marriage with Ashok and is having two minor children out of the said wedlock. After lodging of the F.I.R. against the petitioners, she had demanded Rs.10 lakhs from the petitioners and the petitioners have refused to dole out money as no marriage has ever been performed by petitioner - Deepak with opposite party no.4. 5. In view of above, these writ petitions stand disposed of with observation that if the petitioners are aggrieved by lodging of the aforesaid F.I.R., it shall be open for them to approach the Investigating Officer or Station House Officer, Police Station Kotwali, District Unnao within a week from today along with documentary evidence regarding earlier conduct of opposite party no.4 having married with some other person and having two minor children out of the said wedlock and the Investigating Officer is bound to follow the provisions of Section 107 of the Police Regulations and do fair investigation in the matter. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench