Kamaluddin @ Jangali and Others vs State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 887 of 2025 Petitioner :- Kamaluddin @ Jangali And Others Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Others

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Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioners and learned A.G.A., who appears on behalf of the State-respondents.

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This petition has been filed with the following main prayers:-

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(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 6.1.2025 lodged by opposite party no.4 which was registered as F.I.R./crime no. 0005/2025 under section 333, 70(1), 115(2), 351 (2) BNS, Police Station-Biswan DistrictSitapur, as contained in Annexure No. 1 to the writ petition.

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(II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner on the basis of false First Information Report dated 6.1.2025 lodged by opposite party no.4 which was registered as FIR/crime no.0005/2025 under section 333, 70(1), 115(2), 351 (2) BNS, Police Station-Biswan District- Sitapur, as contained in Annexure no.1 to the writ petition."

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It is a case of the petitioners that the petitioners are innocent and have been implicated falsely. The complainant/opposite party no.4 is the wife of Jalees, who is the son of petitioner no.5 with whom marriage was solemnized around three years' ago. The petitioner nos.1 and 4 are Jeth (elder brother in law), petitioner no.2 is mausiya sasur (maternal father in law) and petitioner no.3 is mausera devar (maternal brother in law) of the complainant.

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Due to some matrimonial dispute having been arisen between the parties, the complainant left the house of the petitioner no.5 on 14.08.2024 and went to her parental home along with her child. When the parents of opposite party no.4 started abusing the petitioners, then the petitioner no.5 lodged the complaint against the father and brother of opposite party no.4 on 16.08.2024 under Sections 175 (3) BNSS which was treated as complaint by the order of the Magistrate dated 13.12.2024 and the police was directed to register the FIR. As soon as this fact came into the knowledge of the complainant and her family members, she lodged the FIR No.0359/2024, under Sections 85, 115(2), 351(2), 351(3) BNS and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station Biswan, District Sitapur on 20.08.2024 showing that some incident took

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place on 12.08.2024 and 13.08.2024. The dispute being matrimonial in nature, the opposite party no.4 knew very well that the accused of FIR No.0359/2024 will not be arrested and only to mount pressure, an application under Section 175 (3) BNS has been moved on 29.08.2024 before the Magistrate concerned concealing the earlier proceedings initiated by her against the family members of her in laws and since there is an allegation of rape which was allegedly committed upon her by the husband's relatives in her law's house on 11.08.2024, the police however submitted a report that one FIR in case no.0359/2024 had already been filed by the opposite party no.4 but the Magistrate concerned has passed the order on 13.12.2024 overlooking the police report and directed to lodge the FIR only because the allegation made by the opposite party no.4 related to sexual assault.

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It has been submitted by learned counsel for the petitioners that the dispute is matrimonial in nature and the opposite party no.4 got married with younger son of petitioner no.5. In the initial FIR which was lodged on 20.08.2024, there was no mention of sexual assault which allegedly happened on 11.08.2024.

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Having heard learned counsel for the petitioners and learned AGA, prima facie, we are of the opinion that the matter requires consideration.

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Issue notice to respondent No.4, returnable at an early date.

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Steps be taken within a week.

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Let counter affidavits be filed within four weeks.

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Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 18.03.2025.

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C. (corresponding Section 193(3) B.N.S.S.), if any, before the competent Court, whichever is earlier, the arrest of the petitioners in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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Order Date :- 31.1.2025 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Kamaluddin @ Jangali and Others v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

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Kamaluddin @ Jangali and Others v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Others

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