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2026 DAILYLAW 11291 (ALL)

ANEETA v. STATE OF U.P. AND 5 OTHERS

CRLA/6961/2026 · 2026-09-28

Abdul Shahid

Criminal Appealbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6961 of 2026 Court No. - 90 HON'BLE ABDUL SHAHID, J. 1. Heard the learned counsel for the appellant. None is present for opposite party nos. 2 to 6. 2. At the outset, the learned counsel for the appellant drew the attention of this Court to the order dated 31.03.2026 passed by this Court in Criminal Appeal No. 1820 of 2026 (Aneeta v. State of U.P. and five others), relying on paragraphs 6 and 7, which read as follows: "6. Prima facie, it appears that the incident happened and the husband as well as Jeth of complainant has also suffered injuries. There are allegation as well as supporting medical injuries which requires consideration. Hence, impugned order dated 14.1.2026, is hereby set aside. Learned trial court is directed to decide the application of the appellant, under Section 173(4) of BNSS, 2023 afresh in accordance with law. 7. With these observations and findings, this appeal is allowed." 3. The learned counsel for the appellant submitted that despite the specific order passed by this Court, the learned trial court passed the impugned order dated 30.05.2026, whereby the application under Section 173(4) of BNSS, 2023 was registered as a complaint case and posted for the recording of statement/evidence of the complainant under Section 223 of BNSS. 4. The matter pertains to a very grievous and heinous offence that requires proper investigation and the registration of an FIR. This Court specifically observed in its order dated 31.03.2026 that the matter requires the Versus Counsel for Appellant(s) : Rahul Saxena Counsel for Respondent(s) : G.A., Kaish Yusuf Aneeta .....Appellant(s) State Of U.P. And 5 Others .....Respondent(s) registration of an FIR, as an investigation is necessitated to uncover the true facts of the offence. 5. In view thereof, the impugned order dated 30.05.2026 is hereby set aside. The learned trial court is directed to pass a fresh order in light of the observations made by this Court in the aforementioned criminal appeal. 6. The criminal appeal is allowed accordingly. September 29, 2026 K.K. Maurya CRLA No. 6961 of 2026 2 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad