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2025 DAILYLAW 165789 (ALL)

GURUPRAKASH @ GOPI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 2 OTHERS

CRLP/8972/2025 · 2025-09-26

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. - 8972 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Ms. Shivani Tiwari holding brief of Sri Srees Kumar Srivastava, learned counsel for the petitioners, Sri Madhukar Ojha, learned State Counsel appearing for the State/opposite parties and Sri Suyesh Pradhan, Advocate has filed 'Vakalatnama' on behalf of opposite party no. 3, same is taken on record. 2. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 24.4.2025 bearing FIR/Case Crime No. 0165 of 2025, for the offence under Section 85, 80(2), 118(1) of Bhartiya Nayay Sanhita (BNS), 2023 and sections 3 & 4 of Dowry Prohibition Act, 1961, registered at Police Station Reusa, District Pratapgarh. 3. Learned counsel for the petitioner has submitted that on the ill-advise of family members and relatives the impugned F.I.R. has been lodged though the informant has submitted his affidavit before the Superintendent of Police, Sitapur (Annexure no. 3) wherein he has stated that the impugned F.I.R. has been lodged on the ill advise and on the basis of suspicion. 4. Sri Ojha, State Counsel has stated that even if the allegation of the F.I.R., postmortem report and viscera as well as the affidavit of the informant are taken on its face value, this is a case where the deceased Versus Counsel for Petitioner(s) : Srees Kumar Srivastava Counsel for Respondent(s) : G.A. Guruprakash @ Gopi And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 2 Others .....Respondent(s) died under mysterious circumstances at the place of her in-laws, therefore, the F.I.R. has been lodged under proper sections and the investigation thereof is required. 5. Learned counsel for the petitioner has stated that the petitioners undertake that they shall cooperate in the investigation. 6. Be that as it may, since in pursuance of the F.I.R. the investigation is going on, therefore, the proper cooperation of the petitioners in the investigation is required, therefore, they shall appear before the Investigation Officer on 30.9.2025 at 11.00 A.M. sharp for the purpose to cooperate in the investigation and to record their statements, if their statements have not been recorded yet. Thereafter, they shall continue to cooperate in the investigation till its completion or filing of police report, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant. 7. At the same time it is expected from the investigating officer to conduct and conclude the investigation properly. 8. Since the opposite party no. 3 has not proposed to file counter affidavit, rather has submitted that the matter may be disposed of at the admission stage, therefore, without entering into the merits of the issue, we dispose of this writ petition finally at the admission stage in the light of the above directions. 9. In case the petitioners cooperate properly in the investigation, they shall not be unnecessarily harassed. September 26, 2025 Om CRLP No. 8972 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench