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2025 DAILYLAW 186858 (ALL)

LAXMI AND OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/10673/2025 · 2025-11-15

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10673 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners as well as learned A.G.A. appearing on behalf of respondent No. 1 to 3. 2. No notice is being issued to the respondent No.4 taking into consideration the nature of order proposed to be passed. 3. By means of this petition, petitioners have raised a challenge to the FIR dated 30.10.2025 vide Case Crime No.0202 of 2025 under Sections 191(2), 126(2), 115(2), 352, 351(3), 324(2) of BNS (old Sections 147, 339, 323, 504, 506, 426 IPC) Police Station Gomti Nagar Extension, District Lucknow. 4. The contention of learned counsel for the petitioners is that the son of the petitioners No. 1 & 2 namely Ayush Rajpoot i.e. petitioner No.4 married respondent No.4. 5. It is contended that a complaint No.50738 of 2022 was filed by the respondent No.4 before the Chief Judicial Magistrate, Lucknow in which a summoning order dated 10.04.2023 was issued against the petitioner, a copy of the said order is Annexure- 5 to the writ petition. 6. Being aggrieved by the summoning order, the petitioners approach this Court and filed a case bearing No.A-482 No.6345of 2023 in re: Smt. Laxmi Rajpoot and others vs. State of U.P. and others and this Court after hearing the parties passed an order dated 06.07.2023 in favour of the petitioners. By the said order, the impugned proceedings has been stayed. 7. It is contended that not having succeed in the aforesaid matter, now the respondent No.4 has lodged the impugned FIR against the aforesaid provisions of the BNS, 2023, and the petitioners despite having no role in Versus Counsel for Petitioner(s) : Dinesh Kumar Singh Counsel for Respondent(s) : G.A. Laxmi And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s) the matter, are being harassed. 8. Considering the aforesaid as well as the earlier order of this Court dated 06.07.2023, the writ petition is disposed of with the direction to the respondent authorities not to take any coercive action against the petitioners in pursuance to the impugned FIR unless some cogent or credible evidence emerges against them. 9. Needless to mention that the petitioners shall cooperate in the investigation. 10. It is also provided that in case the petitioners do not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) November 15, 2025 Reena/- CRLP No. 10673 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench