✦ Allahabad High Court

Smt. Uttam Singh & Ors. v. State Of U.P. Thru. Addl. Chief Secy. Home Civil

CRIMINAL MISC. WRIT PETITION No. 460 of 2024RAJNISH KUMAR, ZAFEER AHMAD2 min read

Case at a glance

Judgment

Smt. Uttam Singh And Others Versus .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. And Others .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Shubham Singh : G.A., Faizal Hashmi, K.K. Singh Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

1.

Case called out.

2.

None present for the petitioners.

3.

This Court passed the following order on 22.1.2024: "Heard. By means of this petition, the petitioner has sought quashing of First Information Report dated

04.01.2024 bearing case Crime No. 0008 of 2024, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, registered at Police Station Vishesharganj, District Bahraich. Mr. Indrajeet Singh, learned Advocate has appeared. He says that he wish to file vakalatnama on behalf of the informant - opposite party no. 3, but, on account of traffic jam he has not been able to do so. He seeks adjournment. Put up day after tomorrow i.e., 24.01.2024, as fresh. Considering the plea of separate living, it is provided that the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and cogent evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order. "

4.

The Court passed another order on 24.1.2024 which reads as under: "Short counter affidavit on behalf of opposite party no. filed today in Court by Mr. Faizal Hashmi and Mr. K.K. Singh, learned Advocates is taken on record. Learned AGA has instructions to inform the Court that the petitioners are living separately in the same building albeit in different portion that is other than the portion in the possession of the deceased-wife and husband. 2 CRLP No. 460 of 2024 Let pleadings be exchanged between the parties within eight weeks. List thereafter showing the names of Mr. Faizal Hashmi and Mr. K.K. Singh in the cause list as counsel for opposite party no. 3. It is made clear the interim protection granted vide order dated 22.01.2024 shall not be available to the husband whose case can be considered independently and objectively as and when occasion arises. "

5.

Learned AGA on the basis of instructions dated 16.10.2025 received from Sri Lalit Kumar, Head Moharrir, Police Station Bisheshwar Ganj, District Bahraich, a copy of which has been placed before this Court and is taken on record, submits that charge sheet No. A-96 dated 1.4.2024 was forwarded which has been filed in the court on 20.4.2024. Thus, the writ petition has rendered infructuous.

6.

Dismissed accordingly. October 16, 2025 Fahim/- (Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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