KINJALAT KISHOR PANDEY AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/6987/2025 · 2025-05-14
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39093 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39093 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 6987 of 2025 Petitioner :- Kinjalat Kishor Pandey And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shitlesh Pandey,Shivendra Nath Singh Counsel for Respondent :- G.A.,Pramod Kumar Sahani,Upendra Upadhyay Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Rejoinder affidavit filed today is taken on record. 1a. Heard learned counsel for the petitioners and learned A.G.A for the State.
2. The writ petition seeks quashing of the F.I.R. dated 03.03.2025 giving rise to the Case Crime No. 70 of 2025, under Sections 323, 342, 376, 511, 498-A I.P.C and 3/4 of D.P. Act, Police Station- Haldharpur, District- Mau.
3. There are allegations against the petitioner no.2 that he made attempt to commit offence of rape against respondent no.4, who is his sister-in-law (bhabhi). Petitioner no.1 is the father-in-law of respondent no.4. Petitioner no.3 is the husband of respondent no.4. It is alleged in the first information report that petitioner no.1 abetted respondent no.4 to enter into physical relationship with petitioner no.1 since petitioner no.3 is impotent.
4. Learned counsel for the petitioners submits that it is a case of false implication. Petitioners were earlier implicated in 2022 in case under Sections 498-A, 323, 504 I.P.C and 3/4 of D.P. Act by respondent no.4. He further submits that it is a case of malicious prosecution on false allegations.
5. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioners pursuant to the F.I.R. dated 03.03.2025, subject to cooperation in ongoing investigation. Order Date :- 15.5.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad