Jaya Singh vs the State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Jaya Singh vs the State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad-interim order only: notice to the private respondent, case listed in the third week of April, 2025, and until further order no coercive steps against the applicant; final consideration deferred.

Issue for consideration

Whether the proceedings against the applicant arising from the F.I.R./charge-sheet (based on respondent no.2's complaint that the applicant's conduct caused his son's depression and death by brain haemorrhage) warrant this Court's interference, given the 16-day-delayed complaint and counsel's submission that no evidence of abatement was found in the case diary.

Court's answer

Interim protection ordered: until further order, no coercive steps are to be taken against the applicant.

Ratio / Principle

Notice was ordered to be issued to the private respondent, the Court having found that the matter requires consideration.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Rajeev Singh, J.), order dated 25.2.2025 in Application U/S 482 No. 1480 of 2025 — Jaya Singh v. The State of U.P. thru Prin. Secy. Home, Lucknow and another. Ad-interim protection in a quashing-type application. Per counsel, the applicant, allegedly victimized by her husband, left her home and later learnt of his death (2.8.2023); respondent no.2 complained to the Superintendent of Police, Sultanpur that the applicant's conduct had depressed his son and caused death by brain haemorrhage, leading to an F.I.R. (stated as lodged on 18.3.2024; the complaint/report of 18.8.2023, 16 days after the death, was undisputed by the A.G.A.). Counsel submitted that the case diary disclosed no evidence of abatement (as printed) yet a charge-sheet was filed by the Investigating Officer. Finding the matter to require consideration, the Court ordered notice to the private respondent, listing in the third week of April, 2025, and directed that, until further order, no coercive steps be taken against the applicant. No precedent was cited; no final view expressed.

Court No. - 13

Case :- APPLICATION U/S 482 No. - 1480 of 2025

Applicant :- Jaya Singh Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Mishra,Mukul Kumar Singh,Rajesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submits that applicant was being victimized by her husband, as a result, she left her house, thereafter, she received an information that her husband died. He also submits that information was given by the respondent no.2 to the Superintendent of Police, Sultanpur that due to behavior of the applicant, his son was depressed and died due to brain hammeroege, thereafter, F.I.R. of the case in question was lodged on 18.3.2024. He further submits that husband of the applicant died on 2.8.2023 and after funeral, the incident was reported to the police on 18.8.2023, thereafter, by moving an application under Section 156(3) Cr.P.C. F.I.R. in question was lodged. He further submits that after considering entire case diary, no evidence of abatement was found even then charge sheet was filed by the Investigating Officer, therefore, indulgence of this Court is necessary.

Learned A.G.A. opposes the prayer of the applicant but he does not dispute the fact that complaint was lodged on 18.8.2023 after 16 days from the alleged date of incident, in which, private respondent reported that due to brain hammeroege his son is died.

Considering the submissions of learned counsel for the parties, going through the contents of the F.I.R. as well as other relevant material, as it is admitted in the complaint given by the private respondent that his son died due to brain hammeoreage, and F.I.R. was lodged on 18.8.2023, therefore, matter requires consideration.

Issue notice to the private respondent.

List this case in the third week of April, 2025.

Until further order, no coercive steps be taken against the applicant.

Order Date :- 25.2.2025 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench