Smt. Shivani and Another Vs Arpana Rajat Kaushik Superintending of Police Amethi and 5 Others

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 804 of 2025

Applicant :- Smt. Shivani And Another Opposite Party :- Arpana Rajat Kaushik Superintending Of Police Amethi And 5 Others

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Counsel for Applicant :- Sanjeev Kumar Shukla,Manoj Kumar

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Hon'ble Rajeev Singh,J.

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On 01.05.2025, following order was passed :

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"1. Heard Shri Manoj Kumar, learned counsel for the applicants and Shri Amrendra Singh, learned Standing Counsel for the respondents.

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2. The present application has been filed with the prayer to summon and punish the respondents for wilful and deliberate defiance of the order dated 20.01.2025 passed by the Writ Court in Criminal Misc. Writ Petition No.444/2025.

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3. Learned counsel for the applicants submitted that the applicant no.1 is a major lady and she entered into marriage with the brother of applicant no.2, namely Priyanshu on her own choice which was not accepted by the respondent no.4 and respondent no.5 (husband of the village Pradhan) and under his influence, on the basis of concocted facts, FIR No.6 of 2025, under section 87, 3(5) of BNS, PS- Kamrouli, District Amethi was lodged against husband of applicant no.1 and applicant no.2. Thereafter, the Criminal Misc. Writ Petition No.444 of 2025 was filed by the applicants before the Writ Court for quashing of the FIR, in which, interim protection was granted vide order dated 20.01.2025.

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4. Order dated 20.01.2025 is reproduced as under:

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"1. Heard learned counsel for the parties.

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2. This petition seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report dated 11.01.2025 registered as F.I.R./Case Crime No.0006/2025, under Sections 87, 3(5) B.N.S., Police Station Kamrouli, District Amethi.

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3. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 10.01.2025 as per Hindu Rites and Rituals in Arya Samaj Mandir, Chinhat, Lucknow. The copy of the marriage certificate issued by the Arya Samaj Mandir has been annexed as Annexure No.4 to the writ petition. Petitioner no.1 has annexed a copy of her High School Marks Statement as Annexure-2 and petitioner no.2 has annexed a copy of his High School Markseetcum-Certificate as Annexure-3 to the writ petition as proof of age. They are enjoying and living peaceful matrimonial life. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks.

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4. It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged against the petitioners only in order to harass them, as such, the arrest of the petitioners may be stayed.

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5. After hearing learned counsel for the parties and going through the record, prima faice, the submission made by learned counsel for the petitioners appears to be correct, as such, as an interim measure, till the next date of listing or till the filling of the police report under Section 173 (2) Cr.P.C., whichever is earlier, petitioners shall not be arrested in connection with the aforesaid F.I.R./Case Crime Number. However, petitioner no.1 shall cooperate in the investigation and shall get her statement recorded under Section 164 Cr.P.C.

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6. Learned A.G.A. for the State as well as learned counsel for the respondent No.4 pray for and are granted four weeks' time to file counter affidavit.

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7. List immediately thereafter. "

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5. Learned counsel for the applicants further submitted that applicant no.2 was called by respondent nos.2 and 3 at the police station and when he visited the police station on 19.02.2025, respondent nos.2-6 were also present there. Thereafter, on the initiation of respondent nos.2 and 3, applicant no.2 and his mother were beaten brutally in police station by respondent no.4, 5 and 6. He also drew attention of this Court on the photographs annexed at annexure no.2 and 4 and submitted that the photographs annexed with the application at page no.20 also reflects the presence of respondent no.4, 5 and 6 in the police station. Thereafter on the basis of concocted facts, the FIR No.27 of 2025 under Sections 191(2), 115(2), 352, 351(2) BNS was lodged at 15:08 hours at PS Kamrouli, District Amethi against the associates and family members of the applicants. He further submitted that the applicant no.2 was also beaten by the respondent nos.2-6 in the police station on 18.02.2025, thereafter, he was challaned under section 170, 126, 135 BNS and he was placed before the Sub-Divisional Magistrate but the Sub-Divisional Magistrate failed to accept his personal bond and sent him to jail only with the intention to violate the directions issued by this Court on 20.01.2025 and the respondent nos.2 and 3 are still harassing the applicant no.2 and other family members. Therefore, respondents should be summoned and punished, accordingly.

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6. Shri Anirudh Singh, learned Standing Counsel appearing for respondents placed written instruction dated 30.03.2025 duly signed by respondent no.1- Aparna Rajat Kaushik, Superintendent of Police, Amethi, respondent no.2- Abhinesh Kumar, SHO, PSKamrouli, District- Amethi and respondent no.3- Karam Veer Singh, SI- PS- Kamrouli, District- Amethi. The same is taken on record. He submitted that no contempt has been committed by the respondents.

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7. List this case on 09.05.2025 at 11:30 AM.

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8. On the next date, respondent nos.2 and 3 shall appear in person before this Court along with relevant record related to the FIR No.6 of 2025 (Supra), NCR No.03/25 under Section 352 BNS as well as GD entry related to the arrest of applicant no.2 under Sections 170, 126, 135 BNS on 18.02.2025."

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In pursuance of aforesaid order, Abhishek Kumar, Station House Officer, police station Kamrouli, district Amethi and Karam Veer Singh, Sub-Inspector, police station Kamrouli, district Amethi are present. The case-diary of the case in question is also placed before this Court. From the perusal of the case-diary, it is evident that the Investigating Officer conducted the investigation in most casual manner by preparing Parcha Nos 6 to 10.

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As it is well settled that fair investigation is a right of an accused therefore, it is expected from the Superintendent of Police, Amethi that the investigation of case in question be transferred to Crime Branch forthwith.

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Learned counsel for the applicant also undertakes that he will ensure production of victim before the Investigating Officer of Crime Branch on 26.05.2025 for recording statement under Section 183 BNSS.

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List this case on 30.05.2025 at 11.30 AM. The officers present today before this Court need not appear until further orders of this Court.

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Order Date :- 9.5.2025. Rks.

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Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Shivani and Another v. Arpana Rajat Kaushik Superintending of Police Amethi and 5 Others

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Smt. Shivani and Another v. Arpana Rajat Kaushik Superintending of Police Amethi and 5 Others

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