Shanti Devi vs State of U.P. and 5 Others — Murder and Culpable Homicide | Allahabad HC (2025)

Shanti Devi vs State of U.P. and 5 Others — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was disposed of without quashing the FIR, the petitioner being left free to agitate against the final report before the appropriate forum.

Issue for consideration

Whether the writ petition seeking quashing of the FIR dated 03.02.2021, registered as Case Crime No.03 of 2021 under section 304 IPC at Police Station Chakarghatta, District Chandauli, should proceed further in view of the investigating officer's position that the petitioner's complicity was not found and the initial final report has been reiterated.

Court's answer

Considering the categorical statement of the learned A.G.A. that the petitioner's complicity was not found upon further investigation and that the initial final report stands reiterated, the Court was not inclined to proceed further in the matter.

Key takeaways

In case the petitioner is aggrieved with the final report, it remains open to the petitioner to agitate the grievance before the appropriate forum.obiter¶9

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 42), Criminal Misc. Writ Petition No. 5772 of 2025 — Shanti Devi v. State of U.P. & 5 others; bench: Mahesh Chandra Tripathi, J. and Anil Kumar-X, J.; Order Date 23.4.2025. Petition sought quashing of the FIR dated 03.02.2021, registered as Case Crime No.03 of 2021 under section 304 IPC, Police Station Chakarghatta, District Chandauli. Appearing in compliance of this Court's order dated 03.04.2025, IO Sri Virendra Kumar Yadav (PNO No.192193287), Sub-Inspector, P.S. Alinagar, District Chandauli, informed the Court through the A.G.A.-I (Ms. Divya Ojha) that the initial investigation had concluded with submission of a final report; on protest, further investigation was undertaken, the petitioner's complicity was again not found, and the initial final report was reiterated; accordingly the cause for filing the petition no longer survived. Learned counsel for the petitioner raised no dispute with this factual position. Considering the categorical statement of the A.G.A., the Court was not inclined to proceed further and disposed of the writ petition, observing that a petitioner aggrieved with the final report is always open to agitate before the appropriate forum.

Neutral Citation No. - 2025:AHC:61512-DB

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 5772 of 2025 Petitioner :- Shanti Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aman Singh,Satish Kumar Mishra Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

Heard Shri Satish Kumar Mishra, learned counsel for the petitioner and Ms. Divya Ojha, learned A.G.A. for the Staterespondents.

Present writ petition has been preferred for quashing the First Information Report dated 03.02.2021, registered as Case Crime No.03 of 2021, under section 304, IPC, Police Station Chakarghatta, District Chandauli.

Ms. Divya Ojha, learned AGA-I, on the instruction, states that in compliance of the order dated 03.04.2025, the investigating officer Sri Virendra Kumar Yadav (PNO No.192193287), Sub-Inspector, Police Station Alinagar, District Chandauli is present before the Court today. She further submits that initially, the investigation was completed and final report was submitted in the matter. Later on, on the protest, further investigation was carried out and again during the investigation, the complicity of the petitioner was not found and accordingly, the initial final report is reiterated. She also submits that the cause for filing the writ petition no more survives and the same is liable to be dismissed as infructuous.

Learned counsel for the petitioner could not dispute the aforesaid factual aspect of the matter.

Considering the categorical statement of learned A.G.A., we are not inclined to proceed further in the matter. Needless to say that in case the petitioner is aggrieved with the final report, it is always open to him to agitate before the appropriate forum.

Accordingly, the writ petition is disposed of.

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 23.4.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad