RUKSHANA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS
CRLP/6661/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 152881 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152881 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:42933-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6661 of 2025 Petitioner :- Rukshana Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Dinesh Kumar,Rajesh Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.
2. Under challenge in this petition is the First Information Report dated 03.03.2025, lodged as F.I.R. No.0073/2025 for the offences under Sections 85, 115(2), 351(3) and 352 of the B.N.S. and Section 3/4 of the Dowry Prohibition Act, at P.S. Kotwali Rudauli, District Ayodhya.
3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment.
4. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by Sri Pramod Kumar, Sub-Inspector of Police, Police Station- Kotwali Rudauli, District- Ayodhya wherein it has been stated that charge sheet no. A-123 of 2025 against Mohd. Saleem and Ruksana Bano has been prepared on 17.05.2025 and submitted in the Court of Chief Judicial Magistrate, Ayodhya on 04.07.2025.
5. The instructions are kept on record.
6. Since the charge sheet filed after collection of sufficient evidence before the appropriate Court, no fruitful purpose would be served for this Court to give the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar,
reported in (2014) 8 SCC 273 to the petitioners as the investigation is already complete.
7. Accordingly, we dispose of this petition leaving it open for the petitioners to approach the appropriate Court. Order Date :- 25.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench