SMT. BHULANA DEVI @ BHOLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND OTHERS
CRLP/8811/2025 · 2025-10-08
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199974 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199974 (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. - 8811 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Sanjay Kumar Singh, learned counsel for the petitioners and learned AGA.
2. This petition has been filed challenging the F.I.R. vide Case Crime No.0517/2025, under Sections 85, 80(2) B.N.S. & 3/4 D.P. Act, Police Station Maurawan, District Unnao.
3. Learned counsel for the petitioners submits that the impugned F.I.R. has wrongly and illegally been lodged against the petitioners, whereas the petitioners are living separately in the same house, thus, the impugned F.I.R. is liable to be quashed.
4. Learned AGA opposed the submissions of learned counsel for the petitioners.
5. 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 as the allegations are also of Section 85, 80 of B.N.S. and the cause of death is unnatural, therefore, this Court is not justified in interefering in the matter in view of the law laid down by the Hon'ble Supreme Court in the case of State of Telangana versus Habib Abdullah Jellani; (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. versus State of Maharashtra and Others; (2021) SCC Online SC 315. Versus Counsel for Petitioner(s) : Sanjay Kumar Singh Counsel for Respondent(s) : G.A. Smt. Bhulana Devi @ Bhola and Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others .....Respondent(s)
6. In view of above, the petition is dismissed. October 8, 2025 Akanksha Sri/- CRLP No. 8811 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench