USHA DEVI (IN FIR USHA) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/6470/2025 · 2025-07-23
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151939 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42141-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6470 of 2025 Petitioner :- Usha Devi (In Fir Usha) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shyamendra Singh,Praveen Yadav,Tej Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers :
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 17.05.2025 lodged by the opposite party no. 4 at case crime No. 0098/2025, Under Sections-103 (1) B.N.S (Now altered to 108 B.N.S) Police Station-Manpur, District-Sitapur so far as relates to the Petitioner, contained in Annexure No. 1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the Petitioner in pursuance of the impugned First Information Report dated 17.05.2025 lodged by the opposite party no. 4 as case crime No. 0098/2025, Under Sections-103 (1) B.N.S (Now altered to 108 B.N.S) Police Station- Manpur, District-Sitapur, contained in Annexure No.3 to the writ petition, in the interest of justice." It has been submitted by learned counsel for the petitioner that the informant's son was married to the petitioner and there was a matrimonial dispute which led to the petitioner leaving the matrimonial home and starting to reside with her parents. The informant's son visited her parental home and
tried to persuade the petitioner to return to his home, but she refused. As a result, the informant's son committed suicide. The informed has now lodged the impugned F.I.R. alleging that his son was poisoned by the petitioner and her family members. It has also been submitted by learned counsel for the petitioner that the informant had also filed an application under Section 173(4) of BNSS before the Court of C.J.M. District Sitapur requesting a report. The Senior Sub Inspector of Police Station Manpur, District Sitapur has submitted a report to the Court on 21.04.2025, a copy of which has been annexed as Annexure No.4 to the writ petition. We have gone through the report submitted by the Senior Sub Inspector, Police Station Manpur, District Sitapur to the C.J.M., Sitapur.
It appears that the application under Section 173(4) of BNSS was taken up on 02.05.2025 and the Court, upon considering the report, passed an order for registering an F.I.R. and initiating the investigating. The order dated 02.05.2025 has not been challenged by the petitioner before this Court, only the impugned F.I.R. has been challenged. The F.I.R. discloses commission of an offence. We find no good ground to interfere. The writ petition is, accordingly, dismissed. Order Date :- 23.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench