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2025 DAILYLAW 156874 (ALL)

DHARM PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO. AND OTHERS

CRLP/7250/2025 · 2025-08-28

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7250 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This Court had passed the order dated 14.08.2025 which reads as under: "1. Heard Sri Pankaj Kumar Tiwari, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned AGA for the State. 2. Issue notice to opposite party No.4. 3. Steps be taken within a week. 4. Office to proceed accordingly. 5. By means of this petition, the petitioner has prayed for following reliefs: "(i). Issue a writ, order or direction in the nature of Mandamus, commanding the opposite parties No. 2 & 3 to ensure the recovery of the petitioner missing son. (ii). Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.3 not to threaten petitioner and his son despite being missing since 24.05.2025 for falsely implicating in the case of enticement of daughter of O.P. No.4." 6. Sri Ashok Kumar Singh, learned AGA has shown the instructions letter as well as statements of the prosecutrix recorded under Sections 180 & 183 B.N.S.S.. 7. As per the aforesaid instructions, the son of the present petitioner has eloped the prosecutrix (X) as her identity is not being disclosed and has lived with her for three months at Delhi and Noida, where he established physical relation with the prosecutrix on the pretext of promise of marriage. One day, the son of the petitioner Versus Counsel for Petitioner(s) : Pankaj Kumar Tiwari, Peeyush Pankaj Counsel for Respondent(s) : G.A. Dharm Pal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And Others .....Respondent(s) administered some intoxicated contents in the tea and given to the prosecutrix resultant thereof she became unconscious. When she came out from such condition, she came to know that the son of the present petitioner namely Saurabh is missing and has taken her cash and jewellery. As per the instructions, the location of the son of the petitioner is being traced out, pursuant to the complaint being lodged by the present petitioner, which has been enclosed as Annexure No.1. The aforesaid complaint has been lodged in the police station on 26.05.2025 in the name of Missing Person Registration, at Police Station Mohammadi, District Kheri. Since, the son of the petitioner is allegedly missing w.e.f. 26.05.2025 and such information has been given to the police, at least proper information to that effect should be provided to the Court. 8. List this case on 28.08.2025. On that date, the Station House Officer, Police Station Mohammadi, District Kheri/ opposite party No.3 shall file his personal affidavit apprising as to whether the son of the petitioner namely Saurabh has been traced out or not and also the progress of investigation pursuant to the Missing Person Registration report dated 26.05.2025 (Annexure-1). If, such personal affidavit is not filed by the next date of listing, the opposite party No.3 shall appear in person to assist the Court." 3. Sri Girijesh Kumar Dwivedi, learned A.G.A. has filed personal affidavit of Inspector In-charge, Police Station- Mohammadi, District- Kheri, which is taken on record. 4. In the aforesaid affidavit, it has been indicated that the son of the petitioner had gone with the prosecutrix and has got married with her. Presently they are living together as husband and wife, therefore, Sri Dwivedi has stated that the grievance of the petitioner has been redressed and on such submission learned counsel for the petitioner has got no objection. 5. In the wake of aforesaid development, nothing remains to be adjudicated in the present writ petition. 6. Accordingly, the petition is consigned to record. August 28, 2025 (Manoj K.) CRLP No. 7250 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench