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2025 DAILYLAW 175832 (ALL)

NEELIMA BAJPAI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/10643/2025 · 2025-11-14

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10643 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner as well as learned AGA appearing for respondents No. 1 to 3. 2. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed. 3. By means of this petition, the petitioner has raised a challenge to the FIR dated 04.09.2025 vide Case Crime No.0785 of 2025 under Sections 351(3), 352, 340(2), 338, 336(3), 318(4) & 319(2) of B.N.S., 2023 at Police Station Kotwali, District Unnao, a copy of which is Annexure- 1 to the writ petition. 4. The case as set forth by the learned counsel for the petitioner is that the impugned FIR has been lodged against the husband of the petitioner, namely, Sri Shatrughan Kumar Bajpai and the petitioner pertaining to Sri Shatrughan Kumar Bajpai having sold a piece of land by putting an imposter. 5. The contention of learned counsel for the petitioner is that perusal of entire FIR would indicate that the entire allegation is only against the husband of the petitioner and the only allegation against the petitioner is of having abused the complainant, consequently, there is no any occasion for the petitioner to be roped in the entire episode simply by alleging that she has abused the complainant. Versus Counsel for Petitioner(s) : Rakesh Kumar Mishra, Shri Prakash Pandey Counsel for Respondent(s) : G.A. Neelima Bajpai .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s) 7. On the other hand, learned AGA states that the role of a third person has also emerged during the course of investigation in which the statement of the petitioner is required, in order to indicate as to who, the third person is. 8. Considering the aforesaid, the writ petition is disposed of directing the petitioner to have a statement recorded before the competent authority on 28.11.2025. 9. It is however provided that the respondent authorities shall not take any coercive action against the petitioner in pursuance to the impugned FIR till some credible or cogent evidence is found against the petitioner. 10. Needless to mention that in case, the petitioner does not turn up for recording her statement on the aforesaid date, the benefit of this order would not be available for her. November 14, 2025 Reena/- CRLP No. 10643 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench