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2026 DAILYLAW 1262 (ALL)

RUBY AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/5545/2026 · 2026-04-19

Rajeev Misra, Sudhanshu Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 5545 of 2026 Court No. - 49 HON'BLE RAJEEV MISRA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Mr. Prateek Shukla, the learned counsel for petitioners and the learned A.G.A. for State respondents 1, 2 and 3. 2. Perused the record 3. Petitioners-Ruby And Another have approached this Court by means of present criminal misc. writ petition challenging the FIR dated 04.12.2025 lodged by first informant-respondent-4, Smt. Nesha and registered as Case Crime No. 0805 of 2025, under Sections 137(2), 61(2) of B.N.S., Police Station-Kasya, District-Kushinagar. 4. At the very outset, the learned counsel representing State-respondents 1, 2 and 3 submits that in the instant writ petition there is no averment regarding the income of petitioners. On the above premise, the learned A.G.A. would thus submit that since petitioner-2 has insufficient source of income to sustain himself, he cannot maintain petitioner-1. It is thus contended by the learned A.G.A. that in view of above, no interference is warranted in present writ petition. 5. When confronted with above, the learned counsel for petitioners could not over come the same. 6. Having heard, the learned counsel for petitioner, the learned A.G.A. for State-respondents 1, 2 and 3 and upon perusal of record, we find that the objections raised by the learned A.G.A. in opposition to present writ petition are clearly borne out from the record. Furthermore, the same could not be dislodged by the learned counsel for petitioners with reference to the record. Versus Counsel for Petitioner(s) : Adya Prasad Tewari, Prateek Shukla Counsel for Respondent(s) : G.A. Ruby And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. In view of above, the present writ petition fails and is liable to be dismissed. 8. It is, accordingly, dismissed. 9. Interim order, if any, stands vacated. April 20, 2026 Imtiyaz CRLP No. 5545 of 2026 2 (Sudhanshu Chauhan,J.) (Rajeev Misra,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad