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2025 DAILYLAW 182821 (ALL)

MULAYAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLP/9894/2025 · 2025-11-06

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9894 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1.Heard Sri Ashish Raman Mishra, learned counsel for the petitioners and Sri R.S. Dwivedi, learned Additional Government Advocate for the State- opposite party Nos.1 & 2. 2.In view of the order proposed to be passed, the notice to opposite party No.3 is hereby dispensed with. 3.By means of this writ petition, the petitioners have prayed for the following reliefs:- "(a) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report (in short F.I.R.) lodged by the opposite party No.3 on 17.09.2025 at F.I.R. No.0440 of 2025, Case Crime No.0440 of 2025, under Sections 87 & 137 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Ishanagar, District-Kheri, in respect of petitioners, contained as Annexure No.1 to the writ petition. (b) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 not to arrest or adopt any coercive measures against the petitioners on the basis of First Information Report lodged by the opposite party No.3 on 17.09.2025 at F.I.R. No.0440 of 2025, Case Crime No.0440 of 2025, under Sections 87 & 137 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Ishanagar, District-Kheri, contained as Annexure No.1 to the writ petition." Versus Counsel for Petitioner(s) : Ashish Raman Mishra Counsel for Respondent(s) : G.A. Mulayam And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) 4. At the very outset, Sri Dwivedi has informed, on the basis of instructions, that the victim/girl has been recovered and her statement has been recorded. In her statement, she has categorically stated that she has gone to Nepal with her female friend where she lived along with her for sometime. She has not levelled any allegation of any kind whatsoever against the present petitioners. 5. In the wake of aforesaid development, it prima-facie appears that the present petitioners have been falsely implicated in the impugned F.I.R.. However, the Investigating Officer shall complete the investigation strictly in accordance with law and shall file the police report. The petitioners are directed to cooperate in the investigation. 6. Therefore, the present petitioners shall appear before the Investigating Officer on 13.11.2025 at 11:00 a.m. sharp to cooperate in the investigation and shall further appear before the Investigating Officer to cooperate in the investigation till completing of investigation or filing of the police report, failing which, the interim protection granted to the present petitioners may not be made available and the same may be withdrawn on the application moved by the prosecution or the complainant. 7. Till completion of the investigation or filing of the police report, if any, the present petitioners may not be harassed unnecessarily pursuant to the impugned F.I.R. 8. In view of the aforesaid observations and directions, the instant writ petition is disposed of finally. November 6, 2025 Suresh/ CRLP No. 9894 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench