KISHANLAL GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/9589/2025 · 2025-10-28
Abdul Moin, Babita Rani
body2025
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[ 2025 DAILYLAW 202833 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202833 (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. - 9589 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J. Heard learned counsel for the petitioner, learned AGA appearing on behalf of the respondents no. 1 to 3 and Sri I.P.Singh, Advocate who has filed his Vakalatnama today in Court on behalf of the respondent no. 4 which is taken on record. In pursuance to the order of this Court dated 10.10.2025, the respondent no. 4 is present along with Ms. Prashali Verma, a lady police constable and states that she is not willing to marry the petitioner. Under challenge is the First Information Report dated 26.09.2025 registered as Case Crime No. 139 of 2025 under Sections 69, 352, 351 (3) of B.N.S, 2023 at Police Station- Ramjanmbhumi District- Ayodhya. On dated 10.10.2025, the Court had passed an order which for the sake of convenience is reproduced below:-
"1. Heard Sri Jay Prakash Singh, learned counsel for the petitioner and Sri S.P. Singh, learned A.G.A. appearing for the State/opposite parties. 2. Issue notice to opposite party no. 4 returnable at an early date. 3. Steps within a week. Office to proceed accordingly. 4. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 26.9.2025 bearing FIR/Case Crime No. 139 of 2025, for the offence under Section 69, 352, 351(3) of Bhartiya Nayay Sanhita (BNS), 2023, registered at Police Station Ramjanmbhumi, District Ayodhya. It has been stated that the petitioner has been falsely implicated as he has not committed any offence as alleged. 5. Learned counsel for the petitioner has informed that the petitioner is present in Versus Counsel for Petitioner(s) : Jay Prakash Singh Counsel for Respondent(s) : G.A. Kishanlal Gupta .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others .....Respondent(s)
person before the Court. The petitioner who is present in the Court has also stated that he has been falsely implicated as he is in relation with the prosecutrix and is willing to marry with her, therefore, the allegations are misconceived. 6. So as to know the stand of the prosecutrix her appearance would be required on the next date. 7. List on 28.10.2025. On that date the petitioner and prosecutrix shall appear in person. 8.
The S.H.O., Police Station Ramjanmbhumi, District Ayodhya shall ensure the presence of the prosecutrix / informant on the next date. 9. Learned AGA shall intimate this order to the S.H.O., Police Station Ramjanmbhumi, District Ayodhya for its compliance. 10. Till the next date of listing no coercive steps shall be taken in pursuance of the aforesaid impugned F.I.R.
11. However, It is directed that the petitioner shall appear before the Investigating Officer of the concerned police station on 15.10.2025 at 11.00 a.m. sharp for the purpose to cooperate in the investigation. Thereafter, he shall continue to cooperate in the investigation till its completion, failing which, the protection of this order would be withdrawn on the application being moved by the prosecution or the complainant." From a perusal of the aforesaid order it emerges that the learned counsel for the petitioner had stated that the petitioner had been falsely implicated in the matter and he is in relation with the prosecutrix and is willing to marry with the respondent no. 4 and, therefore, the allegations are misconceived. However, keeping in view the statement of the respondent no. 4 who has appeared in person that she is not willing to marry the petitioner now in view of the events which have occurred as such, there cannot be any occasion for interfering in the matter more particularly when the cognizable offence is made out. Considering the aforesaid discussion, the writ petition is dismissed. October 28, 2025 Pachhere/- CRLP No. 9589 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench