Pinki Devi and Another vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. and Others — Allahabad HC (2025) — LawSathi Research

Pinki Devi and Another vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: arrest of petitioner Raja Giri stayed till the next date of listing or till submission of the Police Report under Section 173(2) Cr.P.C., whichever is earlier, subject to cooperation with investigation; notice issued to respondent no.4; petitioners to take steps within one week; matter listed for 17.03.2025. Final disposal of the quashing petition left open.

Issue for consideration

Whether the First Information Report dated 21.01.2025, lodged as FIR/Case Crime No.29 of 2025 under Section 87 of B.N.S. at Police Station Phoolehad, District Lakhimpur Kheri, should be quashed by a writ of Certiorari. +1 more

Court's answer

On considering the F.I.R. and surrounding facts mentioned in the writ petition, the Court was prima facie of the opinion that the case requires consideration.

Ratio / Principle

Interim stay of arrest of Petitioner Raja Giri in pursuance of the FIR dated 21.01.2025 (Case Crime No.29 of 2025, Section 87 B.N.S.) till the next date of listing or submission of the Police Report under Section 173(2) Cr.P.C., whichever is earlier, subject to the petitioner fully cooperating with the investigation and appearing as and when called upon.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition No. 850 of 2025, order dated 30.1.2025 (Sangeeta Chandra and Ajai Kumar Srivastava-I, JJ.): Petitioners Pinki Devi and Raja Giri, stated to be majors married to each other out of their own will in a temple on 18.01.2025, sought quashing of FIR/Case Crime No.29 of 2025 dated 21.01.2025 under Section 87 B.N.S. of P.S. Phoolehad, Dist. Lakhimpur Kheri, allegedly lodged by respondent no.4 (mother of petitioner no.1) to harass them. Finding the case prima facie to require consideration, the Court issued notice to respondent no.4 and stayed the arrest of petitioner Raja Giri till the next date of listing (17.03.2025) or submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, subject to his full cooperation with the investigation.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 850 of 2025

Petitioner :- Pinki Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. And Others Counsel for Petitioner :- Zubair Hasan Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

(1) Heard the learned counsel for the petitioner and learned A.G.A. who appears on behalf of the StateRespondent nos.1, 2 & 3.

(2) This petition has been filed by the petitioners for the following main prayer:-

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 21.01.2025 which was lodged as FIR/Case Crime No.29 of 2025, under Section 87 of B.N.S. at Police Station Phoolehad, District Lakhimpur Kheri."

(3) Issue notice to the respondent no.4 returnable at an early date.

(4) The petitioners shall take steps within one week.

(5) The office shall indicate the matter to be listed on 17.03.2025.

(6) It has been submitted by the learned counsel for the petitioners that the Petitioner no.1-Pinki Devi, and the Petitioner no.2- Raja Giri, both are major and had performed marriage with each other out of their own sweet will in a Temple on 18.01.2025. The Opposite party no.4, who is the mother of the Petitioner no.1, is not happy with this marriage, as a result of which, the impugned FIR has been lodged against the petitioners in order to harass them.

(7) This Court having considered the F.I.R. and also the surrounding facts as mentioned in the writ petition is, prima facie, of the opinion that the case requires consideration.

(8) Till the next date of listing or till submission of the Police Report under Section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier , the arrest of the petitioner, namely, Raja Giri, in pursuance of the First Information Report dated 21.01.2025 which was lodged as FIR/Case Crime No.29 of 2025, under Section 87 of B.N.S. at Police Station Phoolehad, District Lakhimpur Kheri shall remain stayed, of course, subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

Order Date :- 30.1.2025 N.PAL

Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench