RAHUL KUMAR @ RAHUL KUMAR DIXIT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND OTHERS
CRLP/6334/2025 · 2025-07-22
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151535 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151535 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41840-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6334 of 2025 Petitioner :- Rahul Kumar @ Rahul Kumar Dixit Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Manish Barnwal,Shivam Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. This writ petition has been filed for the following relief:-
"(i) issue any writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report dated 18/05/2025 lodged by the opposite party no. 4 against petitioner which has been registered as FIR No. 0086 of 2025 under section 3/4 Dowry Prohibition Act 1961& 351(3), 352, 115(2), 82(1) and 85 of B.N.S. 2023, P.S. Pachdewra, District- Hardoi so far it relates to the Petitioner, contained as Annexure no. I to the writ petition, in the interest of Justice."
3. Learned counsel for the petitioner submitted that the petitioner is completely innocent and has been falsely implicated in the impugned FIR. Petitioner has married the opposite party no.4 some 12 years ago and out of the wedlock, a son was born. Petitioner was living peacefully and suddenly one day petitioner came to know that the opposite party no. 4 has some relations with another person whose name is not known to the petitioner. When the petitioner confronted the opposite party no. 4 she started quarreling and threatening him with dire consequences and thereafter has lodged the impugned FIR.
4. Learned counsel for the petitioner after arguing for some time prays that the benefit of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another (2014) 8 SCC 273 be given to the petitioner.
5. Considering the stand of the learned counsel for the petitioner, let this petition be disposed of in view of the above said facts.
6. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 22.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench