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2025 DAILYLAW 174820 (ALL)

MOHAMMAD AKBAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/9872/2025 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9872 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed for quashing the impugned order dated 01.09.2025 passed by Additional Sessions Judge (FTC-1) Ambedkar Nagar, in Criminal Revision No.178 of 2024, (Mohammad Akbar vs. State of U.P. and ors) rejecting the criminal revision as well as order dated 10.07.2024 passed by Chief Judicial Magistrate, Ambedkar Nagar, in Final report case no.1988 of 2023, by which final report No.48 of 2023 in Crime No.199 of 2023, under Sections 420, 467, 468, 471 IPC., P.S. Tanda, District Ambedkar Nagar. 3. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with Tarrunum Khatoon and out of their wedlock, one child was born and was named 'Madni' but later on his wife changed his name in the birth certificate by making some interpolation as Faraz Ahmad. Thereafter, some dispute also arisen in between husband and wife and when this fact came into knowledge of applicant that in the birth certificate of the child, some change was made by his wife then FIR of the case in question was lodged. Thereafter, final report was submitted by the Investigating Officer. Learned counsel submitted that protest petition was filed which was dismissed by the learned court below. Later on, revision was preferred and the same was also dismissed therefore, kind indulgence of this court is necessary. 4. Learned AGA submitted that as per prosecution case, name of child was changed by her biological mother and no interpolation was found by the Investigating Officer during the course of investigation in the birth certificate either by wife or her family members. Thereafter, final report was submitted which was also accepted by the learned trial court and it was upheld by Versus Counsel for Applicant(s) : Abdul Shahid, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Mohammad Akbar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) revisional Court also, therefore, there is no illegality in the order passed. 5. Considering the submissions of learned counsel for the parties, going through the records of the application as well as other relevant documents, as it reveals from the record that there is some dispute between husband and wife, as the name of child was changed by his mother in the birth certificate and thereafter FIR in question was lodged after investigation. No evidence was found against mother of the child as well as private respondents therefore, learned Magistrate has rightly accepted the protest application and said order is upheld by revisional court.. 6. Accordingly, the application is misconceived and is hereby, dismissed. December 15, 2025 Pks A482 No. 9872 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench