MUFEED AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/6991/2025 · 2025-08-06
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155547 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45725-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6991 of 2025 Petitioner :- Mufeed Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Anurag Pathak,Anju Vaishya,Sarojani Misra Counsel for Respondent :- G.A.,Pratibha Maurya,Sumit Chauhan,Yogendra Pratap Singh Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Anurag Pathak, learned counsel for the petitioner, Sri Bhanu Pratap Singh, learned AGA for the State- opposite parties no.1 to 3 and Sri Sumit Chauhan, who has filed Vakalatnama on behalf of opposite party no.4. Said Vakalatnama is taken on record.
2. By means of this petition, the petitioner has assailed the impugned FIR bearing FIR/Case Crime No.0268 of 2025, under Sections 69 & 351 (2) of B.N.S., Police Station- Fakharpur, District- Bahraich.
3. Learned counsel for the petitioner has stated that the petitioner has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards Annexure No.2 of the petition, which is a copy of marriage agreement dated 16.12.2022 between the petitioner and the prosecutrix alongwith Nikahnama. In the marriage agreement, photograph of the petitioner and the prosecutrix has been affixed. Learned counsel for the petitioner has stated that the petitioner has got married with the prosecutrix but later on, he came to know that she is already married lady and has not been divorced till date. When the petitioner started inquiry about this fact, the prosecutrix lodged a false and misconceived FIR against him. Learned counsel has stated that as a matter of fact, the present applicant is a victim, not the prosecutrix. He has further submitted that investigation is going on and the petitioner undertakes that he shall cooperate in the investigation properly.
4. Sri Sumit Chauhan and Sri Bhanu Pratap Singh have submitted that since the FIR has been lodged and investigation
is going on, therefore, direction may be issued to the present petitioner to cooperate in the investigation inasmuch as the allegation of the FIR may be verified during the course of the investigation.
5. Be that as it may, since learned counsels for the parties have appeared and they have agreed that this petition may be
disposed of finally at the admission stage, therefore, without entering into merits of the issue, we hereby dispose of this petition finally at the admission stage protecting the liberty of the present petitioner till completion of the investigation and filing of the police report, subject to his proper cooperation in the investigation.
6. The petitioner shall appear before the Investigating Officer concerned on 14.08.2025 at 11:00 A.M. sharp to cooperate in the investigation and he shall further cooperate in the investigation till filing of the police report, failing which this protection may be withdrawn on the application being moved by the prosecution or the complainant. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.]
Order Date :- 6.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench