MALA DEVI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME AND 2 OTHERS
CRLP/9371/2025 · 2025-10-09
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198092 (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. - 9371 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Suresh Kumar Yadav, learned counsel for the petitioner and learned AGA.
2. This petition has been filed with the following main prayer:-
"A- Issue a writ or direction in the nature of mandamus commanding the opposite party no.2 not to arrest and harass the petitioner in Case Crime No.234/2025, under Section 103(1), 351(2), 351(3) of B.N.S., lodged at Police Station Kudwar, District Sultanpur lodged on 10.08.2025(Annexure No.1)."
3. Learned counsel for the petitioner submits that since the husband and son of the petitioner are accused in the aforesaid crime, therefore, the police is harassing the petitioner and trying to arrest her. Therefore the petitioner is constrained to approach this Court.
4. Learned AGA opposed the submissions of learned counsel for the petitioner and submits that the petition has been filed with mis-conceived and baseless grounds, because the petitioner is not an accused in the aforesaid crime, therefore, the question of her arrest does not arise and the named accuseds, i.e. the husband and son of the petitioner have already been arrested.
5. Having considered the submissions of learned counsel for the petitioner and on perusal of record, it is apparent that the petitioner is not an accused Versus Counsel for Petitioner(s) : Suresh Kumar Yadav Counsel for Respondent(s) : G.A. Mala Devi .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Home And 2 Others .....Respondent(s)
in the impugned F.I.R. and the contents of the petition also indicates that not even a single incident of harassment has been shown in the petition that the police is harassing her or trying to arrest her, therefore, the petition is misconceived and lacks merit. It is, accordingly, dismissed. October 9, 2025 Akanksha Sri/- CRLP No. 9371 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench