Disposed

Rameshwar v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Allahabad HC21 Jul 2025CRLP/6372/2025

Case brief

AI extract

What is this about?

Writ petition sought mandamus for action on FIR under Sections 85, 80 BNS and Sections 3/4 Dowry Prohibition Act and fair investigation. Court noted arrests made and charge sheet submitted, supervisory authority directed further investigation, and disposed of petition with liberty to approach trial court per Sakiri Vasu and M. Subramaniam.

What the court decided

AI extract

Rameshwar Vs State of U.P. Thru. Secy. Deptt. of Home… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:41529-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6372 of 2025

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Petitioner :- Rameshwar

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

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Counsel for Petitioner :- Gulam Ali Rashidi,Ram Chandra Dwivedi

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Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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The instant writ petition has been filed by the petitioner with the following reliefs:

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"a. A writ, order or direction in the nature of mandamus thereby commanding to the opposite party no.2 to 3 to take legal action against the opposite party no.4 & 5 in pursuance to the First Information Report lodged by the petitioner at FIR/Case Crime No. 154/2025, Under Section 85, 80 B.N.S., & 3/4 D.P Act, Police Station-Sandila, District-Hardoi dated 10.05.2025.

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b. A writ order or direction in the nature of Mandamus thereby commanding to the opposite parties no.1 and 2 to ensure fair and proper investigation to the matter.

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c. Issue any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in

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favour of the petitioner.

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d. Allow the writ petition with cost in favor of the petitioner."

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The learned A.G.A. has produced before this court copy of instructions send by the Sub Inspector, Police Station Sandila, District Hardoi, wherein it has been stated that three persons have been arrested in pursuance of the investigation carried out in the matter and a charge sheet no.137/2025, dated 07.06.2025 has been submitted to the supervisory authority. The names of two of the accused persons Virendra Gautam and Kanchan Devi have been dropped as no credible evidence could be found against them regarding involvement in the offence concerned, but the supervisory authority has directed further investigation and has not accepted the closure report.

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This petition is disposed of with liberty to the petitioner to approach the Court concerned, in case the petitioner is unhappy with the progress of the investigation in view of the law settled by the Hon'ble Apex Court in the cases of Sakiri Vasu Vs. State of U.P. and others, reported in 2008 (2) SCC 409 anda M. Subramaniam Vs. S.Janaki, reported in (2020) 16 SCC 728.

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[Subhash Vidyarthi, J.] [Mrs. Sangeeta Chandra, J.]

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Order Date :- 21.7.2025 Ram.

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

Rameshwar v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What the court decided

Rameshwar v. State of U.P. Thru. Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What the court decided

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