Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 154025 (ALL)

SURAJ @ SURAJ JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6797/2025 · 2025-07-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:43822-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6797 of 2025 Petitioner :- Suraj @ Suraj Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A., who appears for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayer: "(i) Issue a writ, order or direction in the nature of Certiorari quashing the first information report, registered as F.I.R./Case Crime No. 141 of 2025, under sections 376, 504, 506 IPC & sections 3(1)(द) 3(1)(ध) 3(2)(V) 3(2)(Va), 3(1)(W) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Baghrai, District- Pratapgarh. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not to arrest the petitioner in connection with F.I.R./Case Crime No. 141 of 2025, under sections 376, 504, 506 IPC & sections 3(1)(द) 3(1)(ध), 3(2)(V), 3(2) (Va), 3(1)(W) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Baghrai, District- Pratapgarh during pendency of investigation" 3. It has been stated by learned counsel for the petitioner that the petitioner is completely innocent and has been falsely implicated in the impugned F.I.R. It has also been submitted that this Court may peruse page no.49 of the writ petition, which is an application given by the prosecutrix herself admitting the fact of marriage with the petitioner. 4. We have gone through page no.49 of the writ petition, which is annexed as Annexure No.4 to the writ petition and also the contents of the F.I.R. and the contents of statement recorded under Section 183 of B.N.S.S., wherein the prosecutrix has supported the prosecution story. 5. We have also heard arguments made by learned counsel for the petitioner that the prosecutrix left matrimonial home on her own after 15.02.2025 when they broke marriage and the petitioner has initiated proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. 6. However, from perusal of the application given by the prosecutrix on 21.03.2025 to the Superintendent of Police, Pratapgarh (Annexure No.4 to the writ petition) and contents of instructions that has been produced by learned A.G.A. before this Court, it is evident that cognizable office is made out and this Court does not find any good ground to interfere in the impugned F.I.R. 7. Accordingly, writ petition is dismissed. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 29.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench