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Allahabad High Court · body

2025 DAILYLAW 183336 (ALL)

SHIVANI THRU. AUNTY (BUA) MITHLESH KUMARI YADAV v. STATE OF U.P. THRU. SECY. HOME, CIVIL SECTT. LKO. AND OTHERS

/10970/2025 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10970 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard learned counsel for the petitioners and learned AGA for the State-opposite parties no.1, 2 & 3. 2. In view of the order proposed to be passed, notice to opposite party no.4 is dispensed with. 3. Instant writ petition has been filed praying for quashing of the FIR dated 03.11.2025 lodged vide Case Crime No.0744 of 2025, under Sections 109, 110, 115(2), 351(3) and 3(5) of the BNS, 2023, Police Station Fatehpur, District Barabanki. 4. The contention of learned counsel for the petitioners is that the aforesaid FIR has been lodged under the aforesaid provisions of BNS 2023. As per version of the said FIR, the petitioner along with several others had fought with the complainant and his family members and had also indulged in stone throwing which has resulted in serious injuries being caused to the complainant. 5. The contention is that the aforesaid FIR has been lodged apparently on false allegations and the respondent authorities are harassing the petitioner on the pretext of the aforesaid FIR. 6. On the other hand, learned AGA on the basis of instructions dated 20.11.2025 sent by Sri Prem Chandra, Sub Inspector, Police Station Versus Counsel for Petitioner(s) : Ramesh Gupta, Pravin Singh Counsel for Respondent(s) : G.A. Shivani Thru. Aunty (Bua) Mithlesh Kumari Yadav .....Petitioner(s) State Of U.P. Thru. Secy. Home, Civil Sectt. Lko. And Others .....Respondent(s) Fatehpur, District Barabanki, that the matter is being investigated but he states that only simple injuries have been suffered by the complainant. 7. The aforesaid statement of learned AGA is recorded and the writ petition is disposed of with a direction to the respondent authorities to not take any coercive action against the petitioner till filing of the charge sheet/final report. 8. Needless to mention that the petitioner shall cooperate in the investigation and in case of non-cooperation, the benefit of this order would not be available to the petitioner. November 24, 2025 A. Katiyar CRLP No. 10970 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench