Deepak Kumar Jha @ Sanjay Kumar Jha @ Sanjay Jha and 2 Others vs State of U.P. and 3 Others

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 8891 of 2025

Petitioner :- Deepak Kumar Jha @ Sanjay Kumar Jha @ Sanjay Jha And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Mishra,Yogesh Mishra Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.03.2025 registered as Case Crime No. 0083 of 2025, under Sections 498A, 504 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961, at Police Station Manduadih, District Varanasi.

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As per the impugned FIR, the informant alleges that after her marriage with petitioner no.1 on 02.05.2021, he did not stay with her from the second day onwards. The informant further alleges that petitioner no.1 used to call her in an inebriated state, hurl abuses, and had shared her phone number with his friends who would make obscene calls to her. When the informant complained about this to her father-in-law (petitioner no. 2) and mother-in-law (petitioner no. 3), they allegedly berated her for not bringing a car and fifteen lakh rupees as dowry.

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Learned counsel for the petitioners submits that the allegations in the FIR are false, fabricated, and filed with malicious intent. Counsel contends that the informant stayed at her matrimonial home for merely 5 days after marriage and no marital/physical relationship was established between petitioner no.1 and the informant due to her behavioral issues, which were not disclosed before marriage. It is further submitted that petitioner no. 2 had purchased a residential plot with two rooms on 19.02.2021 in Mauza Pahari, Tehsil Sadar, Varanasi for his retirement, and after marriage, pressure was exerted by the informant's family to transfer this property in her name. On 05.05.2022, the informant's uncle, aunt, and father visited petitioner no.2 demanding that the property be transferred to the informant, which was refused, leading to a confrontation that was reported to the police by

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petitioner no.2 on the same day. Learned counsel further highlights that petitioner no. 1 is suffering from oral cancer since 2022 and is undergoing treatment at BHU Medical Institute, Varanasi, while petitioner no.2, aged over 70 years, is bedridden due to ill health, and petitioner no. 3 is continuously engaged in their care. Counsel argues that after petitioner no.2 sold the property on 29.05.2024 for his son's cancer treatment, the informant filed this false FIR vindictively. It is submitted that the FIR has been registered after a considerable delay of over three years, and the entire case is an abuse of the process of law to harass the elderly and critically ill petitioners as revenge for not transferring the property to the informant.

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Learned A.G.A. states on instructions that investigation is in progress.

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Matter requires consideration.

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Issue notice to the respondent No.4 returnable within six weeks. Steps be taken within a week.

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All the respondents may file counter affidavit within six weeks. Petitioners shall have a week thereafter to file rejoinder affidavit. List immediately thereafter.

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Considering the facts and circumstances of the case, as an interim measure, it is provided that until further orders, respondents are restrained to arrest the petitioners pursuant to the impugned FIR, subject to cooperation in the on-going investigation.

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Order Date :- 6.5.2025 NLY

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(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

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Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad

Deepak Kumar Jha @ Sanjay Kumar Jha @ Sanjay Jha and 2 Others v. State of U.P. and 3 Others

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Deepak Kumar Jha @ Sanjay Kumar Jha @ Sanjay Jha and 2 Others v. State of U.P. and 3 Others

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