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2025 DAILYLAW 160189 (ALL)

USHA DEVI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/8050/2025 · 2025-09-03

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8050 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. Heard Sri I.M.Pandey, learned counsel for the petitioner and Sri Nikhil Singh, learned AGA. This petition has been filed with the following prayer:- (i) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no.1 to 3 specially opposite party no.3 not to harass the petitioners in the matter, Police Station Thakurganj, District Lucknow, contained as Annexure No.1 to this writ petition. Learned counsel for the petitioner submits that there is no F.I.R. against the petitioner but the respondent no.3 is harassing the petitioner as the husband of the petitioner no.2 Savita Devi has been molested by the respondent no.4 and she has fled away with the grand son of the petitioner no.1 i.e. husband of the petitioner no.2. He further submits that as per his instructions, no F.I.R. has been lodged in the matter. Learned AGA on the basis of instructions submits that the F.I.R. bearing Case Crime No.473/25 under Sections 69/115(2), 351(3), 191 (2) of B.N.S., Police Station Thakurganj, District Lucknow has been lodged on 17.08.2025 against Diwakar Maurya, his younger brother alongwith three other unknown persons by the mother of the respondent no.4 namely Ram Pyari Maurya. He also submits that the allegation of harassment made in Versus Counsel for Petitioner(s) : Indra Mani Pandey Counsel for Respondent(s) : G.A. Usha Devi And 4 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) the petition are misconceived for the reason that the F.I.R. has been lodged on 17.08.2025 i.e. subsequent to the said date. In view of above, the contention of learned counsel for the petitioner is misconceived and prayer made in the petition cannot be granted. The petition is, accordingly,disposed of with liberty to the petitioners to move appropriate application before the Commissioner of Police, who shall look into the matter and in case the involvement of the petitioners are not found, they shall not be victimized. September 3, 2025 Akanksha Sri/- CRLP No. 8050 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench