MALTI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, U.P. GOVT. LUCKNOW AND OTHERS
CRLP/9119/2023 · 2025-01-22
Om Prakash Shukla, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 169269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169269 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4325-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 9119 of 2023 Petitioner :- Malti Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow And Others Counsel for Petitioner :- Vishnu Pandey,Akash Kumar Yadav,Swati Singh Rajawat Counsel for Respondent :- G.A.,Kunwar Ravi alongwith Case :- CRIMINAL MISC. WRIT PETITION No. - 7954 of 2023 Petitioner :- Km. Alka And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Vishnu Pandey,Swati Singh Rajawat Counsel for Respondent :- G.A.,Kunwar Ravi Prakash,Santosh Kumar Tripathi,Santosh Kumar Tripathi,Vibhor Pal alongwith Case :- CRIMINAL MISC. WRIT PETITION No. - 7908 of 2023 Petitioner :- Kiran Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Vishnu Pandey,Swati Singh Rajawat Counsel for Respondent :- G.A.,Pasupati Nath Dwivedi,Santosh Kumar Tripathi,Kunwar Ravi and Case :- CRIMINAL MISC. WRIT PETITION No. - 7828 of 2023 Petitioner :- Radhika Alias Sarita Sharma And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Vishnu Pandey,Swati Singh Rajawat Counsel for Respondent :- G.A.,Santosh Kumar Tripathi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. (1) All these Criminal Miscellaneous Writ Petitions arise out of same crime number, therefore, they are being
disposed of by a common order. (2) Counter affidavit has been filed today in Criminal Appeal No.9119 of 2023 which is taken on record. (3) None appears for the petitioners. (4) This writ petition has been filed by the petitioners for quashing of the FIR dated 29.09.2023 against the petitioners lodged by the Opposite party no.4 i.e. F.I.R. No.0614 of 2023, under Sections 498-A, 304-B I.P.C and Section 3/4 D.P. Act, at Police Station P.G.I., District Lucknow which is contained as Annexure no.2 to this writ petition. (5) We have gone through the order dated 16.12.2024. (6) Learned A.G.A., on the basis of counter affidavit says that the Charge-sheet dated 30.01.2024 has been filed in the Court of C.J.M., Lucknow. (7) Since the Charge-sheet has been prepared by the Investigating Officer, it is presumed that sufficient evidence has been collected and filed with the Charge- sheet before the Trial Court for its evaluation, therefore, this Court feels it to be inappropriate to interfere at this stage. (8) From a perusal of the same it is evident that Charge- sheet has been prepared and filed against Ashish Yadav son of Ravi Dev Singh, Ravi Dev Singh son of Raghubeer Singh, Malti Devi Yadav wife of Ravi Dev Singh. (9) With regard to the other accused namely Kiran Yadav (Nanad), Abhishek Yadav (Jeth) son of Ravi Dev Yadav,
Alka wife of Vivek Sharma, Vivek son of Lokesh Kumar Sharma, Vipul Sharma @ Deergh Sharma, Radhika @ Sarita Sharma, no incriminating material could be found and their names have been dropped. (10) The writ petitions are disposed of with liberty to the petitioners to approach the Competent Court for raising their challenge to the Charge-sheet.
Order Date :- 22.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench