Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77917-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9559 of 2025 Petitioner :- Smt. Kiran And 3 Other Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard Ms. Diksha Kesharwani, Advocate holding brief of learned counsel for the petitioners and Shri Paritosh Malviya, learned A.G.A.-I for the State respondents.
2. The relief sought in this petition is for quashing of the impugned Notice dated 09.03.2025 under Section 94 BNSS issued by the Sub Inspector, Police Station Mahila Thana, District Muzaffar Nagar by which petitioners have been directed to present before Investigating Officer, in Case Crime No.1 of 2025 under Section 85, 115(2), 352, 351(2) BNS and 3/4 D.P. Act, P.S. Mahila Thana, District Muzaffar Nagar.
3. Shri Paritosh Malviya, learned A.G.A.-I raised preliminary objection qua maintainability of the writ petition on the ground that the petitioner is named in the FIR. It is paramount responsibility of the accused to actively participate in the on- going investigation. Nothing adverse can be inferred at this stage. He further states that there is non-cooperation in the on-going investigation and in such situation, the Investigating Officer has no other option but to issue notice under Section 94 BNSS 2023, which requires no interference.
4. Considering the facts and circumstances, as has been pressed before us, we are not inclined to entertain the instant writ petition. Suffice to indicate that the petitioners shall actively co-operate in the on-going investigation and it is expected from the respondents not to unnecessarily harass the petitioners.
5. The writ petition is disposed of. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 13.5.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad