KUMARI SWITI SINGH (IN AADHAR CARD SWITI SINGH) AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6571/2025 · 2025-07-24
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152773 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152773 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42608-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6571 of 2025 Petitioner :- Kumari Switi Singh (In Aadhar Card Switi Singh) And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Gopesh Tripathi,Devendra Pratap Singh Kamal,Hrishabh Singh Counsel for Respondent :- G.A.,Vaibhav Saxena 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:-
"Issue a writ, order, or direction in the nature of CERTIORARI, to quash the FIR No.0262/2025 U/s 85, 80(2) B.N.S. and 3/4 D.P. Act. dated 13.07.2025 lodged by the opp. party no.4 at P.S. Mahmudabad, Distt Sitapur, contained as ANNEXURE No.1 to the writ petition."
3. It has been submitted by learned counsel for the petitioners that petitioners are completely innocent and have been falsely implicated by the respondent no.4 only with ulterior motive. 4. It appears that marriage of the sister of the respondent no.4 took place with Shobhit Singh, son of petitioner no.6, on 07.03.2025 and constant demand of more dowry have been made. The sister of the informant became pregnant and the informant received a phone call on 13.07.2025 at 05:00 am wherein he was asked to reach Government Hospital Mehmudabad, since his sister was seriously ill. When the informant reached the hospital, he found his sister dead. The postmortem which took place the same day on 03:15 p.m., injury of abrasion 2cm x 1cm was found over left side of the nose and the Doctor preserved the viscera as he could not ascertain the cause of death and at the same time a dead
male fetus was found in the uterine cavity. 5. Learned A.G.A. has produced before this Court instructions sent by Sri Ved Prakash Srivastava, Circle Officer, Mahmudabad, Sitapur, wherein it has been stated that sufficient evidence has been collected regarding undue demand of dowry being made. The petitioner no.1- Switi Singh had also been arrested and had been taken on judicial remand. It has also been stated that dead body of the deceased was left unattended in the hospital and all the family members had absconded. 6.
After having examined the submissions advanced by learned counsel for the parties and gone through the contents of the impugned F.I.R. and also the post-mortem report, a copy of which has been filed as annexure to the petition, we are of the opinion that the impugned F.I.R. discloses cognizable offence by the petitioners, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners and accordingly, the present writ petition is dismissed. Order Date :- 24.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench