Shiv Prakash and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

Shiv Prakash and Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioners and respondent no.5 to appear before the Investigating Officer on 24.07.2025 at 02:00 pm; her statement under Section 180 B.N.S.S. to be recorded and she to be produced before the magistrate on 25.07.2025 for statement under Section 183 B.N.S.S.; respondent no.5 not to be forced to live with respondent no.4 if unwilling, with report to the magistrate; petitioners not to be arrested in pursuance of the impugned F.I.R. till 26.07.2025.

Issue for consideration

Whether the impugned F.I.R./Crime No. 0455/2025 dated 29-06-2025 under Sections 87, 352, 351(3), 3(5) of B.N.S. 2023, police station Kotwali City, District Hardoi, lodged by respondent no.4, should be quashed by a writ of certiorari.

Court's answer

The petitioners and respondent no.5 are directed to appear before the Investigating Officer on 24.07.2025 at 02:00 pm at the Police Station concerned.

Ratio / Principle

The Investigating Officer shall record the statement of respondent no.5 under Section 180 of B.N.S.S. and produce her before the magistrate concerned on 25.07.2025 for recording of her statement under Section 183 of B.N.S.S.

Key takeaways

If respondent no.5, being a major lady, does not wish to live with her husband and wishes to live alone, she will not be forced to go to the house of respondent no.4, and a proper report in this regard shall be submitted by the Investigating Officer to the magistrate concerned.ratio¶16
Till 26.07.2025, the petitioners shall not be arrested in pursuance of the impugned F.I.R.ratio¶17

Detailed headnote1 paragraphs

Criminal Misc. Writ Petition (Allahabad High Court, Lucknow Bench) seeking certiorari for quashing of F.I.R./Crime No. 0455/2025 dated 29-06-2025 under Sections 87, 352, 351(3), 3(5) of B.N.S. 2023, police station Kotwali City, District Hardoi, lodged by respondent no.4 alleging abduction; petitioners alleged false implication. Held: petition disposed of with directions that petitioners and respondent no.5 (Smt. Madhuri Devi @ Madhu Mishra, alleged victim, a major) appear before the Investigating Officer on 24.07.2025 at 02:00 pm; her statement to be recorded under Section 180 B.N.S.S. and she to be produced before the magistrate on 25.07.2025 for statement under Section 183 B.N.S.S.; if she does not wish to live with her husband she will not be forced to return to his house, with a proper report to the magistrate; petitioners not to be arrested in pursuance of the impugned F.I.R. till 26.07.2025.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6249 of 2025

Petitioner :- Shiv Prakash And Others

Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others

Counsel for Petitioner :- Dheeraj Srivastava Counsel for Respondent :- G.A.,Girijesh Sharan Srivastava

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

Vakalatnama' filed by Shri Girijesh Sharan Srivastava, Advocate on behalf of respondent no.5 is taken on record.

Heard learned counsel for the petitioners as well as learned A.G.A., who appears for the State-respondents, Shri Girijesh Sharan Srivastava, learned counsel for respondent no.5 and perused the record.

This writ petition has been filed by the petitioners with following main prayer:

"A. issue a writ order or direction in the nature of CERTIORARI there by quashing the impugned belated and malicious F.I.R. dated 29-06-2025 lodged as FIR no/Crime No 0455/2025 Under section 87,352,351(3),3(5) Β.Ν.S. 2023, police station Kotwali City District Hardoi by O/P NO.4, as contained in annexure no 1, to this writ petition."

It is the case of the petitioners that respondent no.5 - Smt. Madhuri Devi @ Madhu Mishra, wife of the respondent no.4, was being harassed by her husband as a result of which she left the house, but the petitioners have been falsely implicated and a case for abduction has been filed by the respondent no.4.

It is not disputed that respondent no.5 has married with

respondent no.4 and it is also not disputed that respondent no.5 had initially run away with petitioner no.2 and now she is living in her partental house.

Shri Girijesh Sharan Srivastava, learned counsel for respondent no.5 says that respondent no.5, alleged victim, is ready to appear before the Investigating Officer on any date, which this Court fixes, to get her statement recorded under Sections 180 and 183 of B.N.S.S.

In view of the aforesaid facts, this writ petition is disposed of with direction to the petitioners and also to the respondent no.5, who is represented by Shri Girijesh Sharan Srivastava, learned Advocate, to appear before the Investigating Officer on 24.07.2025 at 02:00pm at the Police Station concerned and the Investigating Officer shall record her statement under Section 180 of B.N.S.S. and also produce her before the magistrate concerned on 25.07.2025 for recording of her statement under Section 183 of B.N.S.S.

In case the respondent no.5 being a major lady does not wish to live with her husband and wishes to live alone, she will not be forced to go to the house of the respondent no.4. In this regard, a proper report be submitted by the Investigating Officer to the magistrate concerned.

Till 26.07.2025, the petitioners shall not be arrested in pursuance of the impugned F.I.R.

(Brij Raj Singh,J. ) ( Sangeeta Chandra,J.) Order Date :- 22.7.2025 Anupam S/-

Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench