Neutral Citation No. - 2025:AHC-LKO:49710-DB
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7374 of
2025
Petitioner :- Gareebe And Others
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
Counsel for Petitioner :- Panna Lal Gupta,Amit Kumar,Saurabh Kumar,Subrat Gupta
Counsel for Respondent :- G.A.
Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Panna Lal Gupta, learned counsel for the petitioners and Sri Vipul Kumar Singh, learned AGA for the State.
2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with.
3. This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 28.07.2025 bearing FIR/Case Crime No.0378 of 2025, for the offence under Sections 85, 115(2), 351(2), 352 of Bhartiya Nayay Sanhita (BNS), 2023 and Section 3/4 of Dowry Prohibition Act, registered at Police Station Reusa, District Sitapur.
4. Sri Gupta has stated that that without having any allegation and incriminating evidence the entire family have been implicated by the opposite party No.4 having ulterior motive and ulterior design in her mind. The Hon'ble Apex Court in
Geeta Malhotra Vs. State of Uttar Pradesh [S.C.C. 2012 Vol.10 Page 741], has disapproved this type of FIR wherein the allegations and incriminating materials are missing. Besides the offence under which the FIR has been lodged, is having punishment up to seven years.
5. Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section
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35(3) Bhartiya Nagrik Suraksha Sanhita, 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in re: Satender Kumar Antil vs.CBI and others in Special Leave to Appeal (Criminal) No.5191 of 2021 and a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.
6. Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.
7. Accordingly, this petition is disposed of in view of the provisions of Section 35(3) Bhartiya Nagrik Suraksha Sanhita, 2023, and the law as laid down by Apex Court in the case of Satender Kumar Antil (supra) and Arnesh Kumar
(supra).
8. However, it is directed that the petitioners shall appear before the Investigating Officer of the concerned police station on
29.08.2025 at 11.00 a.m. sharp to co-operate in the investigation and they shall further co-operate in the investigation proceeding till filing of the police report failing which the aforesaid protection may be withdrawn on the application being filed by the State or the informant.
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(Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Order Date :- 25.8.2025
Reena/-
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