HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1707 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:- "To quash the final report dated 29.11.2024 submitted in Case Crime No. 186 of 2024 u/s 323, 406, 498-A I.P.C., Police Station- Alambagh, District- Lucknow East (Commissionerate Lucknow), To direct for a fresh or independent investigation into the matter by a senior officer or any other competent agency, or in the alternative, to direct learned Magistrate to take cognizance u/s 190(1)(b) of Cr.P.C. To stay acceptance of the final report and to issue direction for expeditious hearing of the protest petition filed by the petitioner before learned Magistrate." 3. Learned counsel for the applicant submits that marriage of the applicant was solemnized with the respondent no.6, but later on, she was being victimized for dowry and was ousted and all her ornaments were also taken by her husband. It is further submitted that one F.I.R. No. 311 of 2022 u/s 4/3 of D.P. Act and Sections 498-A, 506, 504, 323 I.P.C., Police Station- Gomti Nagar, District- Lucknow was lodged on 23.04.2022 by the applicant, in which, Versus Counsel for Applicant(s) : Kaustubh Singh Counsel for Opposite Party(s) : G.A. Smt. Anuradha Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others .....Opposite Party(s) the charge-sheet was submitted. The applicant also requested for returning of her ornaments, but the same were not provided to her. Thereafter, another F.I.R. No. 186 of 2024 u/s 498-A, 406, 323 I.P.C., Police Station- Alambagh, District- Lucknow was lodged on 05.10.2024 by the applicant with the allegations that her ornaments were not returned. The proceedings of the present F.I.R. were dropped by filing the final report with the observation that with identical allegations, one F.I.R. has earlier been lodged, in which, the charge-sheet has already been submitted and trial of which is pending before learned trial Court. It is also submitted that the charge-sheet has not been filed in the said case u/s 406 I.P.C., but there was allegation that the ornaments of the applicant were not returned, hence, indulgence of this Court is required for giving direction to the Investigating Officer for further investigation. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that with identical allegations, one F.I.R. has already been lodged, in which, the charge-sheet has been submitted by the Investigating Officer. He further submits that there is allegation for taking away the ornaments of the applicant and offense u/s 406 I.P.C. may be added at the time of trial u/s 316 Cr.P.C. in case the evidence is available before the Court concerned. 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that marriage of the applicant was solemnized with the respondent no.6 and the F.I.R. No. 311 of 2022 (supra) was lodged on the complaint of the applicant, in which, the Investigating Officer has submitted the charge-sheet u/s 323, 504, 506, 498-A and 4/3 D.P. Act. In the said case, there were allegations that the ornaments were not being returned to the applicant by the private respondents. Further, with the same allegations, the present F.I.R. No. 186 of 2024 (supra) was lodged by the applicant with allegations that the ornaments as well as stridhan were not being returned to her by the private respondents. The final report has been submitted in the present F.I.R. with the observation that with the identical facts, one F.I.R. has earlier been lodged, in which, the charge-sheet has been submitted and the trial is pending. This Court is of the view that in case sufficient evidence NA528 No. 1707 of 2025 2 is available before the trial Court for the criminal breach of trust, the charge can be altered at any stage. Therefore, no case is made out. 6. With above observations, the application is dismissed. 7. However, it is open to the applicant to move appropriate application for further investigation in the first F.I.R. No. 311 of 2022 (supra). In case such application is moved, same shall be considered and decided by passing a reasoned and speaking order. December 1, 2025 Arpan NA528 No. 1707 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench