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2025 DAILYLAW 73561 (ALL)

FARHAT v. STATE OF U.P. AND 2 OTHERS

CRLP/15290/2025 · 2025-08-03

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130040-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15290 of 2025 Petitioner :- Farhat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amarnath Tripathi Counsel for Respondent :- Amar Jeet Upadhyay,G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. Heard Sri Amarnath Tripathi, learned counsel for the petitioner; Sri Amar Jeet Upadhyay, learned counsel for respondent no. 3 and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Sushil Kumar Pandey, learned A.G.A-1 for State-respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report No. 206 of 2025 dated 04.04.2025, under Sections- 85, 80(2), 115(2), 352, 123(1) B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, 1961 registered at Police Station- Lohiyanagar, District - Meerut, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. The petitioner is the mother-in-law of the deceased. There are allegations against her of causing dowry death of his daughter- in-law. Learned counsel for the petitioner submits that the deceased was suffering from septicemia and committed suicide. It is further submitted that the petitioner has been falsely implicated in the present case; however, the Investigating Officer is investigating the matter. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 90 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order. Order Date :- 4.8.2025 Rohit (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad