SMT. MEERA DEVI AND 6 OTHER v. STATE OF U.P. AND 2 OTHER
CRLP/14756/2025 · 2025-07-28
Avnish Saxena, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73954 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:125034-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14756 of 2025 Petitioner :- Smt. Meera Devi And 6 Other Respondent :- State Of U.P. And 2 Other Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- Abhay Pratap Singh,G.A.,Sachin Singh Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J.
1. Heard learned counsel for the petitioners, Sri Sachin Singh,
learned counsel for respondent no.3 and the learned A.G.A. for the State. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.06.2025, registered as Case Crime No.0432 of 2025, under Sections 85, 80(2) of BNS and 3/4 of Dowry Prohibition Act, Police Station-Chakeri, District-Kanpur Nagar, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. It has been submitted by learned counsel for the petitioners that entire family members of the petitioner no. 5, including distant relatives have been falsely implicated in the present case, by the opposite party no. 3 on the general allegations. So far as the petitioner nos. 1 to 5, namely, Smt. Meera Devi, Arun Kumar Dwivedi, Ashish Dwivedi, Priyanka Dwivedi, Himanshu Dwivedi,who are husband and in-laws of the deceased, are concerned following order is being passed:-
4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against petitioner nos. 1 to 5. 5. The prayer for quashing the proceedings is therefore refused. 6. However, it is provided that if the petitioner nos. 1 to 5 appear and surrender before the court below within 60 days from today and apply for bail, then their bail application be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P.
reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
7. For a period of 60 days, the petitioner nos. 1 to 5 shall not be arrested in the aforesaid case, if not already arrested. 8. However, in case, petitioner nos. 1 to 5 do not appear before the court below within the aforesaid period, coercive action shall be taken against them. 9. It is made clear that the petitioner nos. 1 to 5 will not be granted any further time by this Court for surrendering before the court below as directed above. So far as the petitioner nos.
6 & 7, namely, Manju Awasthi and Prakash Awasthi, who are Mausi Sas and Mausera Jeth and distant relatives of husband of the deceased, are concerned the following order is being passed:-
10. 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 60 days. 11. During the period of investigation and till cognizance is taken on the police report by the court concerned, petitioner nos. 6 & 7 shall not be arrested. 12. In case of non-cooperation with the police investigation by the petitioner nos. 6 & 7, it shall be open for either of the respondents to file recall application of this order. 13. In view of above observations, this writ petition stands
disposed of.
Order Date :- 29.7.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad