MOHINI AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS
/11123/2025 · 2025-11-24
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DailyLaw.ai
[ 2025 DAILYLAW 180493 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180493 (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. - 11123 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard learned counsel for the petitioners, learned Additional Government Advocate for respondents no.1 and 2, and Sri Vivek Pandey, learned counsel appearing for respondent no.3-the Caveator. 2. With the consent of learned counsels for the contesting parties, the matter is being decided finally. 3. Instant petition has been filed praying for quashing of the first information report dated 13.11.2025 bearing no.909 of 2025, under Sections 191(2), 191(3), 115(2), 118(1), 109(1), 352, 351(3) of B.N.S., lodged at Police Station Kotwali Nagar, District Gonda. Further prayer is for a mandamus commanding the respondent no.3 not to arrest the petitioner in pursuance to the aforesaid FIR. 4. The contention of learned counsel for the petitioners is that the impugned FIR has been lodged by respondent no.3. 5. The contention is that a bare perusal of the FIR would indicate that the allegations levelled in the FIR are patently false and frivolous. It is also contended that the nature of injuries as sustained by the victims are of trivial nature. 6. Further, an urgency has been expressed by the learned counsel for the Versus Counsel for Petitioner(s) : Santosh Kumar Tripathi, Paritosh Shukla Counsel for Respondent(s) : G.A., Jagriti Bardhan Rao, Vivek Pandey Mohini And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s)
petitioners that the close relative of the petitioners namely Ms. Nancy is due to be married on 25.11.2025. Copy of the marriage card has been annexed as Annexure-4 to the writ petition. 7. The contention of learned counsel for the petitioners is that seeing the trivial natural of injuries as sustained by the alleged victims and the marriage of the close relative of the petitioner which is scheduled on 25.11.2025 this Court may interfere in the matter. 8. On the other hand, learned AGA as well as learned counsel appearing for respondent no.3 have opposed the petition by contending that serious injuries have been sustained by the victims. 9. Learned AGA has passed on the copy of the medical report issued by the Medical College dated 15.11.2025 to indicate about the said injuries.
However, a perusal of the said report would indicate that so far as injury no.3 is concerned, the X-ray had been advised on 15.11.2025. Learned AGA fairly states that the X-ray report is still not available so as to indicate the seriousness of the injuries which may have been sustained by the victims. 10. Considering the aforesaid, the writ petition is disposed of with a direction to the respondents not to take any coercive action against the petitioners till such time some credible evidence emerges against them including the seriousness of the injuries from the X-ray report. 11. Needless to mention that the petitioners shall cooperate in the investigation. 12. It is also provided that in case the petitioners do not cooperate in the investigation the benefit of this order would not be available to them. 13. Let a copy of this order be provided to the learned counsel for the petitioners today itself on payment of usual charges. November 24, 2025 A. Katiyar CRLP No. 11123 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench