Muskan Thru. Mother Pammi Devi and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Muskan Thru. Mother Pammi Devi and 2 Others Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: the petitioners shall not be arrested in F.I.R./Case Crime No. 98 of 2025 till the next date of listing; respondents to file counter affidavits within four weeks; matter listed after four weeks alongwith connected case. The prayer for quashing the F.I.R. remains pending and was not decided.

Issue for consideration

Whether the impugned F.I.R. dated 12.4.2025 (F.I.R./Case Crime No. 98 of 2025, P.S. Hazratganj, District Lucknow, under Sections 115(2), 352, 351(3), 309(6), 306 B.N.S.) should be quashed and whether the petitioners should be protected from arrest.

Court's answer

On the facts placed before it, the Court found that a case for consideration was made out.

Ratio / Principle

The respondents were directed to file their counter affidavits within four weeks, and the matter was to be listed after four weeks alongwith the connected case.

Key takeaways

As an interim measure, until the next date of listing, the petitioners shall not be arrested in the aforesaid FIR/Case Crime number.ratio¶14

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition No. 3474 of 2025, Muskan thru. mother Pammi Devi & 2 others v. State of U.P. & 3 others (High Court of Judicature at Allahabad, Lucknow Bench, order dated 29.4.2025, Vivek Chaudhary and Jaspreet Singh, JJ.). The petition sought certiorari to quash F.I.R. dated 12.4.2025, Case Crime No. 98 of 2025, P.S. Hazratganj, District Lucknow, under Sections 115(2), 352, 351(3), 309(6), 306 B.N.S., and protection from arrest. The petitioners stated that petitioner no.1 was a servant working at the residence of respondent no.4/informant and the F.I.R. was lodged as she insisted on payment of her salary, with no involvement of the petitioners in any illegal activity; the A.G.A. stated on instructions that the CCTV footage reflected no role of the petitioners. The Court held that a case for consideration was made out, directed the respondents to file counter affidavits within four weeks, listed the matter after four weeks alongwith the connected case, and directed that till the next date of listing the petitioners shall not be arrested in the aforesaid FIR/Case Crime number. Interim order only; the quashing prayer was not finally decided. No precedent was cited or discussed.

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 3474 of 2025

Petitioner :- Muskan Thru. Mother Pammi Devi And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gaurav Singh,Abhay Nath Mishra Counsel for Respondent :- G.A.

Hon'ble Vivek Chaudhary,J. Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/ opposite parties and perused the record.

Ms. Shatakshi Pandey, Advocate has filed Vakalatnama on behalf of respondent no.4, which is taken on record.

This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 12.4.2025, bearing F.I.R./Case Crime No.98 of 2025, for the offence under Sections 115(2), 352, 351(3), 309(6), 306 B.N.S. registered at Police Station Hazratganj, District Lucknow and also not to arrest the petitioner.

Learned counsel for the petitioners submits that the petitioner no.1 was a servant and she was working at the residence of respondent no.4/informant and as she was insisting for payment of her salary, as such the impugned F.I.R. has been lodged against her and her family members. He submits that no involvement of the petitioners is found with regard to any illegal activity, till date.

Learned A.G.A. on instructions states that in the CCTV footage, no role of the petitioners is reflected.

In view of the aforesaid facts, a case for consideration is made out.

Respondents are directed to file their counter affidavits within four weeks.

List after four weeks alongwith connected

case.

Till the next date of listing, the petitioners shall not be arrested in the aforesaid FIR/ Case Crime number.

(Jaspreet Singh,J) ( Vivek Chaudhary,J)

Order Date :- 29.4.2025

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench