PARVEJ ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/8190/2025 · 2025-09-16
Rajnish Kumar, Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161177 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161177 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8190 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE SAURABH LAVANIA, J.
1. Heard Shri Dharm Trivedi, learned counsel for the petitioner, learned AGA for the State and learned counsel for the respondent no. 4. 2. This Court had passed the following order on 04.09.2025:-
"1. Heard Sri Dharm Trivedi, learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed by the petitioner for the following prayers :- (i) Issue a writ, order or direction, in the nature of Certiorari quashing the impugned F.I.R. lodged by the opposite party No. 4 against the petitioner at Police Station- Shardanagar, District-Lakhimpur Kheri on dated 23-08-2025, U/S 69, 351(2) B.N.S vide Crime No. 0229/2025, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction, in the nature of Mandamus commanding the opposite parties not to arrest and harass the petitioner on the basis of the impugned F.I.R.
3. Learned counsel for the petitioner submits that the petitioner is not ready to marry the respondent no. 4. He, thus, submits that the respondent no. 4 may be summoned. 4. In view of the above, the petitioner is directed to file a supplementary affidavit. 5. As prayed, list on 09.09.2025 as fresh, on which date the petitioner as well as respondent no.4 shall appear in person before this Court. 6. Learned A.G.A. shall get the respondent no. 4 served through the S.H.O. concerned, who shall ensure her presence on the next date before this Court. 7. Till the next date of listing, no coercive action shall be taken against the petitioner in connection with the impugned F.I.R."
3. This Court had passed the following order on 09.09.2025:- Versus Counsel for Petitioner(s) : Dharm Trivedi Counsel for Respondent(s) : G.A., Amit Kumar Awasthi Parvej Alam .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
"Sri Amit Kumar Awasthi, Advocate has filed his power on behalf of the respondent No.4, which is taken on record. Office is directed to print his name in the cause list when the case is next listed. Heard Sri Dharm Trivedi, learned counsel for the petitioner, learned A.G.A. for the State and Sri Amit Kumar Awasthi, learned counsel for the respondent No.4.
This Court has passed the following order on 04.09.2025, which reads as under:-
"1. Heard Sri Dharm Trivedi, learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed by the petitioner for the following prayers :- (i) Issue a writ, order or direction, in the nature of Certiorari quashing the impugned F.I.R. lodged by the opposite party No. 4 against the petitioner at Police Station- Shardanagar, District-Lakhimpur Kheri on dated 23-08-2025, U/S 69, 351(2) B.N.S vide Crime No. 0229/2025, contained as Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction, in the nature of Mandamus commanding the opposite parties not to arrest and harass the petitioner on the basis of the impugned F.I.R.
3. Learned counsel for the petitioner submits that the petitioner is ready to marry the respondent no. 4. He, thus, submits that the respondent no. 4 may be summoned. 4. In view of the above, the petitioner is directed to file a supplementary affidavit. 5. As prayed, list on 09.09.2025 as fresh, on which date the petitioner as well as respondent no.4 shall appear in person before this Court. 6. Learned A.G.A. shall get the respondent no. 4 served through the S.H.O. concerned, who shall ensure her presence on the next date before this Court. 7. Till the next date of listing, no coercive action shall be taken against the petitioner in connection with the impugned F.I.R. " In deference to the aforesaid order, the respondent No.4 is present in person, who has been brought by Sri Raj Kumar Bharti, Sub Inspector and Lady Constable Ms. Jyoti of Police Station Shardanagar, District Kheri. The petitioner is not present but his counsel is present and he submits that the petitioner is working in Mumbai and he could not come today. He prays for fixing some other date for the petitioner's appearance.
On a query from the respondent No.4, she categorically stated that she knows the petitioner, Parvej Alam S/o Sabir Ali and she wants to marry with him. She further stated that on the pretext of marriage, the petitioner had made physical relations with her. As prayed by learned counsel for the petitioner, list on 16.09.2025. On which date, the petitioner and the respondent No.4 shall appear in person before this Court. Interim order, granted earlier, shall continue till the next date of listing. In case the petitioner fails to appear on the next date, the interim protection shall not be extended and CRLP No. 8190 of 2025 2
may be vacated. The officers present today need not to appear unless ordered by the Court. "
4. In deference to the previous order, the petitioner-Parvez Alam and the respondent no. 4 are present-in-person and they have been identified by their counsels. 5. On a specific query from the petitioner, he states that he is not ready to marry to the respondent no. 4 and he will not marry her. 6. Having considered the submissions(s) of learned counsel for the parties and perusal of the F.I.R., the commissioning of offence cannot be ruled out. The petition is misconceived and lacks merit. 7. Dismissed accordingly. 8. Interim protection granted earlier by this Court is hereby vacated. September 16, 2025 Raj CRLP No. 8190 of 2025 3 (Saurabh Lavania,J.) (Rajnish Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench