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2025 DAILYLAW 197540 (ALL)

RAJENDRA RAMSUKH PATEL v. STATE OF U.P. THRU. PRIN./ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/8561/2025 · 2025-10-15

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8561 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the proceeding of Criminal Case No.3280 of 2025, arising out of Case Crime No.100/2024 under Sections 498-A, 304-B, 201 I.P.C. and Section 3/4 D.P. Act, Police Station Antu, District Pratapgarh. 3. Learned counsel for the applicant submits that applicant is a residence of village Lokiyapur, Antu, District Pratapgarh and presently residing at Aman Manzil, near new Bhiwandi Dandekawadi, Maharashtra. He further submits that applicant has constructed his ancestral house and frequently visited there and applicant is having six children and Guddu is one of them, who is residing in the said house, whose marriage was solemnized with the daughter of the private respondent on 26.6.2021, thereafter, due to some dispute in between the husband & wife, daughter of the private respondent committed suicide by hanging. He also submits that F.I.R. in question was lodged implicating sons of the applicant, namely, Guddu & Sanjay, however, Guddu is in jail but Sanjay Verma is absconding. He lastly submits that applicant is owner of the house in question but he is also not being allowed to reside in the house in question, even he has no concern with the crime in question, therefore, indulgence of Versus Counsel for Applicant(s) : Dinesh Kumar Pushpakar Counsel for Opposite Party(s) : G.A. Rajendra Ramsukh Patel .....Applicant(s) State Of U.P. Thru. Prin./Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) this Court is necessary. 4. Learned A.G.A. oppose the prayer of the applicant and submits that applicant statutory remedy under Section 84/85 Cr.P.C., therefore, present petition is misconceived. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, present application is disposed of with the liberty to the applicant to move application before the concerned Magistrate under Section 84/85 Cr.P.C. 6. In case, any application is moved, same shall be decided expeditiously, in accordance with the law. October 15, 2025 GauraV/- A482 No. 8561 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench