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2025 DAILYLAW 161693 (ALL)

RABI KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/8120/2025 · 2025-09-25

Rajesh Singh Chauhan, S Q H Rizvi

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8120 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sunil Kumar Singh, learned counsel for the petitioner and learned AGA for the State. Sri Kapil Dev Chaubey, learned counsel has filed Vakalatnama on behalf of opposite party no. 4. The same are taken on record. 2. By means of this writ petition, the petitioner has prayed following relief: "(i) Issue a writ in the nature of nature of certiorari quashing the impugned F.I.R. as F.I.R. No. 0576 of 2025 dated 17.07.2025, under section 85, 80(2), 115(2) 123 BNSS and 3/4 Dowry Prohibition Act 1961, P.S. Kotwali Sadar, District Kheri, on the basis of false and fabricated story. Copy of the F.I.R. is being annexed here with as Annexure No. 1 to this writ petition." 3. Learned counsel for the parties have informed that the parties are willing to settle their dispute amicably inasmuch as the impugned FIR has been lodged on the basis of ill advice of the relatives and villagers. 4. However, learned AGA has stated that since serious allegations have been levelled against the petitioner and the daughter of the informant has died under mysterious circumstances in the house of her in-laws, therefore, the petitioner will have to show their bonafide. Versus Counsel for Petitioner(s) : Sunil Kumar Singh, Manish Mishra Counsel for Respondent(s) : G.A., Kapil Dev Chaubey Rabi Kumar And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 5. Be that as it may, since the investigation is going on, wherein the petitioners are ready to cooperate so, therefore, without entering into merits of the issue, we dispose of the writ petition finally at the admission stage directing the petitioners to appear before the investigating officer on 29.9.2025 at 11 AM to record their statements and cooperate in the investigation. 6. Since more than two months period has passed after lodging of the FIR and the petitioners have not been arrested as on today, therefore, it appears that the investigating officer is having no cogent reasons to arrest the petitioners. 7. It is further clarified that if the petitioners do not appear before the investigating officer on the date fixed and on further dates to cooperate in the investigation, coercive measures as may be permissible under law may be taken against them. 8. In view aforesaid terms, writ petition is disposed of. September 25, 2025 Fahim/- CRLP No. 8120 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench