SMT. POOJA @ POOJA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND OTHERS
CRLP/6705/2025 · 2025-07-25
Brij Raj Singh, Sangeeta Chandra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 153395 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153395 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43138-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6705 of 2025 Petitioner :- Smt. Pooja @ Pooja Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Others Counsel for Petitioner :- Manjusha Kapil,Rohit 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 and learned A.G.A. for the State.
2. By means of this petition, the petitioners have prayed for the following relief :
"(i). issue a writ, order or direction in the nature of certiorari quashing the FIR dated 18.06.2025, bearing FIR No.0309 of 2025, under Sections 137(2), 87 BNS, Police Station Kotwali Nagar, District Ayodhya (contained as Annexure 1)."
3. Learned AGA has raised preliminary objection regarding maintainability of the writ petition on the ground that it has been filed by the informant and the alleged victim for quashing of the FIR and is therefore, not maintainable. He has also produced before this Court copy of the Case diary and instructions sent by Sub Inspector, Police Station Kotwali Nagar, District Ayodhya, which is taken on record.
4. We have read the statement recorded of petitioner no. 2 victim under Section 183 BNSS and we find that she has not supported the prosecution story. She states that she on her own sweet free will had gone with the main accused. However, she is a minor.
5. This writ petition is disposed of with liberty to the petitioners to approach the Magistrate concerned. Order Date :- 25.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench