SAROJ SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
/11345/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11345 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the petitioners and learned A.G.A. appearing for the respondents No.1 to 2.
2. No notice be issued to the respondent No.3 taking in view of nature proposed to be passed.
3. By means of the instant petition, the petitioner has raised a challenge to the F.I.R. dated 21.11.2025 bearing F.I.R. / Case Crime No.328 of 2025, under Sections 115(2), 64(1), 331(5), 351(2), 352, 324(4) of BNS and Sections 3(1)(Da), 3(1)(Dha), 3(2)(v) of SC/ST Act, Police Station Kotwali Dehat, District Sitapur, a copy of which is Annexure-1 to the petition.
4. The contention of learned counsel for the petitioners is that from a perusal of the allegations levelled in the F.I.R., it emerges that the main allegation is against Shri Naimish Singh, who happens to be the son of the petitioner No.1 and the brother of the petitioner Nos.2 & 3. The only allegation that is levelled against the petitioners is to have beaten and abused the complainant when she had gone to their house to complain about Shri Naimish Singh.
5. On the other hand, learned A.G.A. states that the investigation is still going on and the statement of the victim has also been recorded under Section 180 of the BNSS, 2023. Versus Counsel for Petitioner(s) : Avinash Singh Vishen, Aviral Misra, Digvijay Singh Counsel for Respondent(s) : G.A. Saroj Singh And 2 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Respondent(s)
6. Considering the aforesaid and the allegations as have been levelled in the F.I.R. which primarily pertain to Shri Naimish Singh, the instant petition is disposed of with a direction to the respondents not to take any coercive action against the petitioners in pursuance to the impugned F.I.R. till some credible evidence emerges against them.
7. It is needless to mention that the petitioners shall co-operate in the investigation, failing which, protection of this order may be withdrawn on the application being moved by the prosecution or the complainant. December 2, 2025 S. Shivhare CRLP No. 11345 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench