Jitendra Yadav Alias Natendra and Others v. State of U.P. Thru. Addl. Chief. Secy. Home Lko. and Others

Allahabad HC26 Aug 2025CRLP/7399/2025

Case brief

AI extract

What is this about?

Petitioners challenge an FIR alleging kidnapping of the informant's sister, contending false implication since she is married and living with her family. The State noted her statement under BNSS raised no serious allegation. The court sought counter affidavits and issued notice.

What did the court decide?

No coercive steps against petitioners pursuant to the impugned FIR until next listing; petitioners to cooperate with investigation from 01.09.2025.

Jitendra Yadav Alias Natendra and Others vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 7399 of 2025

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Jitendra Yadav Alias Natendra And Others

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.....Petitioner(s)

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Versus

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State Of U.P. Thru. Addl. Chief. Secy. Home Lko. And Others

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.....Respondent(s)

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Counsel for Petitioner(s) : Narvind Kumar Singh Counsel for Respondent(s) : G.A.

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Court No. - 9

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HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Sri Narvind Kumar Singh, learned counsel for the petitioners and Sri Vipul Kumar Singh, learned State Law Officer for the State-opposite parties no.1, 2 & 3.

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Issue notice to opposite party no.4 returnable at an early date.

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Steps within a week. Office to proceed accordingly.

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By means of this petition, the petitioners have assailed the impugned FIR bearing FIR/Case Crime No.316 of 2025, under Section 87 of B.N.S. 2023, Police Station- Tandiyawan, District- Hardoi.

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Learned counsel for the petitioners has stated that the present petitioners have been falsely implicated in the case as they have not committed any offence as alleged. As per the allegation of the FIR, the present petitioners have kidnapped the sister of the informant. However, she is living with her family members. She is a married lady. In the FIR, accused no.2 is wife of petitioner no.1 and accused no.3 is sister of petitioner no.2. Having ulterior motive and extraneous design in the mind of the informant, the present petitioners have been implicated.

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Learned AGA has stated that statement of the prosecutrix has been recorded under Section 183 of BNSS wherein no serious allegation has been levelled against the present petitioners. Learned counsel for the

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CRLP No. 7399 of 2025

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petitioners has stated that even if such statement is taken on its face value, the prosecutrix has stated that the present petitioners have extended their help to the prosecutrix without having any malafide intention.

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Matter requires consideration.

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Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List in the week commencing 27^th October, 2025.

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Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned F.I.R.

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The petitioners shall appear before the Investigating Officer concerned on 01.09.2025 at 11:00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation till filing of the police report, failing which this interim protection may be withdrawn on the application being moved by the prosecution or the complainant.

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(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) August 26, 2025

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RBS/-

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

Jitendra Yadav Alias Natendra and Others v. State of U.P. Thru. Addl. Chief. Secy. Home Lko. and Others

Case brief

What is this about?

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Jitendra Yadav Alias Natendra and Others v. State of U.P. Thru. Addl. Chief. Secy. Home Lko. and Others

Case brief

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What did the court decide?

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