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2025 DAILYLAW 195705 (ALL)

PRAMOD KUMAR YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

NA528/2036/2025 · 2025-12-10

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2036 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The present application has been filed for the following main prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.29260 of 2025; State Versus Pramod Yadav and others, arising out of Case Crime No.135 of 2025, under sections- 85, 80 (2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, and Sections 3/4 of Dowry Prohibition Act, relating to the Police Station- Baddupur, District- Barabanki, pending in the Court of learned Chief Judicial Magistrate, Barabanki, as well as impugned chargesheet no.137/2025, dated 5.6.2025, submitted by the Investigating Officer against the petitioners, under sections- 85, 80(2) of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, and Sections 3/4 of Dowry Prohibition Act, in aforesaid Case Crime number, and impugned cognizance/summoning order dated 11.7.2025, passed by the learned Chief Judicial Magistrate, Barabanki, as contained in Annexure nos. 1 and 2 respectively to this petition, in the interest of law and justice, so far as the same relate to the petitioners." 3. Learned counsel for the applicants submits that applicant no.1 is father-in- law and applicant no.2 is mother-in-law. There is general allegation of Versus Counsel for Applicant(s) : Pradeep Kumar, Anshuman Singh, Karan Srivastava Counsel for Opposite Party(s) : G.A. Pramod Kumar Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) dowry demand levelled against the applicants. However, the FIR indicates that the deceased had gone to her house for the reason that altercation took place between the wife and husband on 30.4.2025. Thereafter, husband of the deceased went to the house of the deceased on 3.5.2025 and demanded additional dowry of rupees one lac and thereafter she committed suicide in her parents house. It has been submitted that the postmortem report indicates that the deceased died out of hanging and there is no injury found on the person of the deceased except ligature mark which was caused due to handing. He has submitted that the applicants have been falsely implicated in the present case and they have not committed any offence as the deceased had committed suicide in her parents house. 4. It has been informed by learned counsel for the applicants that the applicants have been granted bail by the court. 5. Since the applicants have already been granted bail, it would be open for the applicants to move a discharge application before the trial court and the same will be decided by the trial court at the appropriate stage, in accordance with law. 6. The application stands disposed of. December 10, 2025 Sachin NA528 No. 2036 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench