Rukshana v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others
Case brief
What is this about?
Writ petition against FIR not entertained: Arnesh Kumar (2014) 8 SCC 273 protection/direction under Section 35(3) BNSS (Section 41A CrPC analog) refused because charge sheet no. A-123 of 2025 (prepared 17.05.2025) already filed 04.07.2025 before CJM Ayodhya against Mohd. Saleem and Ruksana Bano; FIR No.0073/2025 dated 03.03.2025, P.S. Kotwali Rudauli, District Ayodhya; offences under Sections 85, 115(2), 351(3), 352 BNS and Sections 3/4 Dowry Prohibition Act; petition disposed with liberty to approach appropriate court; Allahabad High Court Lucknow Bench, order dated 25.7.2025.
What did the court decide?
Since the charge sheet was filed before the appropriate court after collection of sufficient evidence and the investigation was already complete, no fruitful purpose would be served in giving the petitioners the benefit of the Supreme Court judgment in Arnesh Kumar v. State of Bihar.