HIRAWATI DEVI AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO AND 3 OTHERS
CRLP/10163/2025 · 2025-11-10
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 197724 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 197724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10163 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Vakalatnama filed by Sri Amitabh Banerjee, Advocate on behalf of the respondent no.4 is taken on record.
2. Heard Sri Surendra Kumar Yadav, learned counsel for the petitioners, learned AGA and learned counsel for the respondent no.4.
3. This petition has been filed challenging the F.I.R.dated 23.09.2025 vide Case Crime No. 198 of 2025 under sections 69, 319, 115(2), 108, 352, 351(2), 76, 127(2), 64 BNS, Section3/4 of D.P.Act, Police Station Mahila Thana, District Pratapgarh.
4. Learned counsel for the petitioners submits that the impugned F.I.R. has been lodged on the basis of wrong and concocted story implicating all the petitioners, whereas, no offence has been committed by them. He further submits that the main accused Sujeet Kumar Yadav has already been enlarged on bail by the district court.
5. Learned AGA as well as learned counsel for the respondent no.4 vehemently opposed the submission of learned counsel for the petitioners. They submit that the impugned F.I.R. has rightly been lodged in accordance with law and each and every petitioner has been assigned role, therefore, it cannot be said that they have wrongly and falsely been implicated in this case. The petition has been filed on mis-conceived and baseless grounds which is liable to be dismissed. Versus Counsel for Petitioner(s) : Shobh Nath Yadav, Surendra Kumar Yadav Counsel for Respondent(s) : G.A. Hirawati Devi And 4 Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko And 3 Others .....Respondent(s)
6. Having considered the submissions of learned counsel for the parties and on perusal of record as well as the contents of the F.I.R., the commissioning of offence cannot be ruled out. The defence taken by the petitioners cannot be considered by this Court in view of the law laid down by the Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. versus State of Maharashtra and Others; (2021) SCC Online SC 315 and Muskan versus Ishaan Khan(Sataniya and Others) passed in Criminal Appeal No.4752/205.
6. In view of above, the petition is dismissed. November 10, 2025 Akanksha Sri/- CRLP No. 10163 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench