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2025 DAILYLAW 169362 (ALL)

SMT. ASIYA THRU. HER HUSBAND IRFAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 10 OTHERS

/364/2024 · 2025-01-09

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1664 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 364 of 2024 Petitioner :- Smt. Asiya Thru. Her Husband Irfan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 10 Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record. 2. Learned AGA has placed before this Court written instructions submitted by Police Station Sairpur, Lucknow. 3. Perusal of these instruction which have been taken on record, would reveal that on an application given by the petitioner an FIR at case Crime No.738 of 2024 under Section 87 of B.N.S.S. (under Section 356 of the IPC) has already been registered and the investigation is going on. 4. Learned counsel for the petitioner submits that the wife of the petitioner, namely, Smt. Asiya has been abducted by respondents no. 6 to 11 who are her parents and brothers. 5. 5. Since a criminal has has already been registered by the concerned Police Station and the investigation of the same is going on and there appears some difference in theory has put forth by the petitioner and a report submitted by the Police Station as according to the written instruction submitted it has been stated that the detenue has been abducted for ulterior motive by one Lucky, the name of Lucky is not finding place in the list of private respondents arrayed by the petitioner in the petition. 6. The instant petition is finally disposed of with a direction to the Investigating Officer of the Case Crime No. 738 of 2024 registered at Police Station Sairpur, Lucknow under Section 87 of the B.N.S.S. to proceed with the investigation strictly in accordance with law and to take it to its logical conclusion by submitting a report as p0rovided under Section 193 BNSS. 7. A copy of this Court be immediately sent to the concerned Police Station for compliance. Order Date :- 9.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench