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2025 DAILYLAW 57659 (ALL)

GYAN SINGH ALIAS CHANDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

CRLP/9724/2025 · 2025-05-20

Ram Manohar Narayan Mishra, Siddharth

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:85681-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9724 of 2025 Petitioner :- Gyan Singh Alias Chandra Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raj Kumar Tiwari,Nageshwar Singh,Rajiv Dwivedi Counsel for Respondent :- G.A. And Case :- CRIMINAL MISC. WRIT PETITION No. - 10172 of 2025 Petitioner :- Kapil Dev Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nageshwar Singh,Rajiv Dwivedi Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioners, Mr. Lok Nath Shukla, counsel for the respondent No.3 and learned A.G.A. for the State- respondent and perused the record. 2. This writ petition has been filed with the prayer to quash the First Information Report dated 25.04.2025, registered as Case Crime No.085 of 2025, under Sections- 308(5), 108, 351(3) and 61(2) (a) of BNS, 2023, Police Station Kydganj, District Prayagraj. 3. Learned counsel for the petitioner submits that allegations in the FIR that daughter of the petitioner No.1 had love affair with deceased. The daughter of the petitioner No.1 namely Ratna Singh got married to some other boy, thereafter the applicant (Divyanshu Singh) is alleged to have committed suicide. Learned cousnel for the petitioner submitted that FIR has been lodged after one month of the commission of suicide by the deceased. It is a case of false implication, merely because the promise of marriage was broken by the daughter of the petitioner. Therefore, it cannot be said that it amounted abetmenet of suicide of the deceased. 4. Mr. Lok Nath Shukla, counsel for the respondent No.3 has vehemently opposed the bail application and has submitted that petitioners haves have extorted huge amount from the deceased and therefore, he committed suicide. 5. After considering the rival submissions of the parties, this court find that the allegations in the FIR has been investigated. Therefore, under the facts and circumstances of this case, the writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C., the respondents are restrained from arresting the petitioners pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 21.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad