Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 150332 (ALL)

JOKHAN LAL NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/6131/2025 · 2025-07-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:39135-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6131 of 2025 Petitioner :- Jokhan Lal Nishad Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Anil Kumar Nishad,Rajesh Kumar Dhuriya Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner as well as learned A.G.A. for the State. 2. The present writ petition has been filed with the following prayers: "Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 25.06.2025 filed by opposite party no.6 against the petitioner bearing Case Crime No. 180 of 2025, under Sections 85, 80(2) of BNS,2023 and under Section 3/4 Dowry Prohibition Act, 1961, Police Station Sharda Nagar, District Lakhimpur Kheri." 3. Learned counsel for the petitioner submits that the petitioner is a driver of one Dr. Sarvesh Kumar of Akash Hospital Jankipuram Lucknow and at the time of incident i.e. 22.06.2025, the petitioner was not present in the house. It has also been submitted that the son of the petitioner, namely, Sandeep who is husband of the deceased is working as Carpenter in Bengaluru and he was also not present in the house when the unfortunate death of the deceased. 4. We have gone through the Annexure No.6, which is a copy of the Boarding Pass issued by Indigo Airlines, it refers to the flight departing at 22;45 hours, which is 10.45 P.M., on the same day when the death of the deceased occurred. 5. We are not convinced with the arguments advanced by learned counsel for the petitioner. In so far as the contents of the F.I.R. are concerned it discloses cognizable offence and this Court does not wish to interfere and grant the prayer as made in the writ petition. 6. The writ petition is, accordingly, dismissed. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench