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2025 DAILYLAW 151963 (ALL)

BHANU PRATAP @ BHANU AND OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6425/2025 · 2025-07-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41900-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6425 of 2025 Petitioner :- Bhanu Pratap @ Bhanu And Others Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Uday Pratap Singh 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. for the State. 2. This petition has been filed with the following main prayer:- " a writ, order or direction in the nature of certiorari to quash impugned First Information Report registered at FIR/Case Crime No.25/2025, under section-85, 115(2), 352, 351(2), B.NS. & 3/4 D.P. Act Police Station- Mahila Thana, District- Ayodhya dated 16.05.2025 lodged by opposite party no.3 against the Petitioners which is contained as ANNEXURE NO.1 to this petition." 3. It has been submitted by learned counsel for the petitioners that petitioners have been falsely implicated by the respondent no.3, who is habitual of lodging such F.I.Rs. The respondent no.3 had in fact married two persons. Earlier she had filed an application under Section 156(3) of the Cr.P.C. against first husband Raj Kumar on 25.08.2015. Thereafter, she lodged the F.I.R. on 07.04.2021 against her second husband, a copy of which has been filed as annexure-3 to the writ petition. The criminal case filed against the second husband is still going on. The respondent no.3 had also filed the case under Section 125 Cr.P.C. against her husband, which was decided on 04.03.024 on the basis of a compromise occurred between the parties. Now the respondent no.3 has lodged the impugned F.I.R. only to extract money from petitioners. 4. It is not disputed by the counsel for the petitioners that the respondent no.3 had married the petitioner no.1 on 10.02.2025 by way of a notarial affidavit without divorcing her second husband. 5. A copy of the marriage agreement dated 10.02.2025 between the petitioner no.1 and the respondent no.3 has been filed as annexure no.6 to the writ petition. 6. Learned A.G.A, on the basis of instructions sent by Sub Inspector, Police Station Mahila Thana, District Ayodhya, says that charge-sheet has been prepared against the five accused on 09.07.2025 and submitted before the Supervisory Authority. 7. Instructions are taken on record. 8. Since the charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge-sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. 9. The writ petition is dismissed. Order Date :- 22.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench