Kanhaiyya Lal And Others v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

"(1) Heard the learned counsel for the petitioners and learned A.G.A. who appears on behalf of the State-Respondent nos.1, 2 & 3. (2) This petition has been filed by the petitioners for the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 31.05.2025 by Opposite party no.3 in FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, in respect of petitioners only, as contained in Annexure No.1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the 2 CRLP No. 6936 of 2025 Opposite party no.2 not to arrest or adopt any coercive measures against the present petitioners on the basis of impugned First Information Report dated 31.05.2025 lodged by the Opposite party no.3 in FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, in respect of petitioners only, as contained in Annexure No.1 to the writ petition." (3) It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned FIR. According to the FIR itself, the daughter of the informant is 20 years old and it was alleged that she was enticed away by the Petitioner no.1-Kandhailal @ Kanhaiyya Lal, on 30.05.2025 at about 08:00 PM with the help of the Petitioner nos.2 to 4. (4) It has been submitted that the victim is major as is evident from her Aadhar Card. The Petitioner no.1 had married the alleged victim in Arya Samaj Mandir on

02.06.2025. A copy of the Marriage Certificate issued by Arya Samaj Mandir has been filed as Annexure No.3 to the petition. The Opposite party no.3 being annoyed started to torture the alleged victim and the victim filed one Criminal Misc. Writ Petition No.5339 of 2025 where this Court was pleased to pass an order dated

20.02.2025 observing that the Petitioner no.1 is aged about 22 years and the Petitioner no.2 is aged about 23 years. After observing the lodging of the F.I.R. bearing F.I.R. No.237 of 2025 only under Section 84 of the B.N.S., the Court had issued notice to the Respondent no.4 and observed that the matter be listed in the week commencing 25.07.2025. After such order was passed on 20.02.2025 it is alleged that the victim's mother telephoned her and called her to give statement before the police and also promised her to send her back to the house of the Petitioner no.1 but instead of keeping the promise she was kept at home and then produced before the Child Welfare Committee in pursuance of F.I.R. which has been challenged in this writ petition. The Child Welfare Committee has recorded the age of the victim as 15 years and has also directed that she be sent to Children's Home. (5) The learned counsel for the petitioners has pointed out Annexure No.5 to the writ petition which is a statement of the victim recorded before the Child Welfare Committee on 01.07.2025 wherein she has clearly stated that she is two months pregnant and has been forcibly kept at her parents house who beat her up and also do not give her food. (6) It has also been stated by the victim that because of the lodging of the impugned F.I.R. she had been kept at for five days at one stop center. (7) Learned A.G.A. has produced before this Court instructions dated 31.07.2025 sent by Shri Ram Pravesh Yadav, Sub-Inspector of Police Station Khairighat, District Bahraich, wherein it has been stated that when the victim was produced before the Child Welfare Committee her statement was recorded and as per the Scholar Register 3 CRLP No. 6936 of 2025 and Transfer Certificate of the School where the victim had study, she was born on

01.01.2010 and at the time of the incident of running away she was only 14 years 10 months and 29 days. The instructions are kept on record. (8) On the basis of Educational Certificate and on the basis of Medical Examination Section 84 has been deleted and Section 137(2) of the B.N.S. has been added. The Child Welfare Committee has sent the victim to Bal Grah Parade Sarkar, Portganj, Gonda, initially, but later on she has been sent with her mother and is currently living at her parents house. (9) The learned A.G.A. is directed to inform the SHO/ Investigating Officer of Police Station Khairighat, District Bahraich, to ensure the presence of the Respondent no.3 before this Court on the next date of listing alongwith victim. (10) List this matter on 05.08.2025. (11) 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. (12) Till the next date of listing, the arrest of the petitioners, namely, Kandhailal @ Kanhaiyya Lal, Chhabbu @ Chhabbu Lodhi, Shobhawati and Gulaba, in pursuance of the First Information Report dated 31.05.2025 relating to FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, 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."

3. In compliance of the aforesaid order, Ram Pravesh Yadav, Sub-Inspector of police station Khairighat, district Bahraich is present in person. He informed the Court that despite the fact that he had intimated the complainant and the prosecutrix that they will have to appear before High Court on 05.08.2025 and they assured that they will appear before the Court but, when the Sub-Inspector reached the house of the complainant and the prosecutrix, both were out of village and after asking from the neighbourer he came to know that they had gone to meet their lawyer.

4. Be that as it may, it was the responsibility of Sub-Inspector concerned to ensure presence of the persons in compliance of the aforesaid order and those persons are not present before the Court today, therefore, as a last opportunity one week time is given to Sub-Inspector concerned to ensure presence of the persons in terms of order dated 01.08.2025.

5. List this case on 13.08.2025. On that date, Sub-Inspector concerned along with complainant and the prosecutrix shall appear before this Court in person. 4 CRLP No. 6936 of 2025

6. The interim order, granted earlier, shall continue till the next date of listing.

7. Let a copy of this order be provided to Senior Superintendent of Police, Bahraich within two working days for its compliance."

3. In compliance of the aforesaid order, Kandhailal @ Kanhaiyya Lal (petitioner No. 1), Smt. Rani (complainant/ informant) wife of Sri Bankelal Lodh; and the prosecutrix are present in person.

4. Sri Ram Pravesh Yadav, Sub Inspector, and Ms. Neeraj Singh, Lady Constable, Police Station- Khairi Ghat, District- Bahraich are present, who have ensured the presence of the petitioner No.1, the complainant and the prosecutrix.

5. Learned counsel for the petitioners has stated that the petitioners have been falsely implicated in the present case as they have not committed any offence as alleged.

6. Attention has been drawn towards Annexure No. 4 which is interim order dated

20.06.2025 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No. 5339 of 2025.

7. In the aforesaid writ petition, the prosecutrix and the petitioner No. 1 are the petitioners and the aforesaid petition was filed jointly giving impression to the Court that they have married each other and the family members of the prosecutrix are exerting undue pressure upon them. Therefore, this Court while issuing notice to the opposite party No. 4 of that writ petition i.e. informant complainant fixed the next date for 25.07.2025. No interim order has been granted in that writ petition. Thereafter, the petitioners filed the present writ petition.

8. Learned A.G.A. had informed the Court that the prosecutrix was already married to another person for the past two years and she is not living with the previous husband and so willingly gone with the petitioner No. 2 of that writ petition (petitioner No. 1 of the present writ petition). Today, the prosecutrix has stated that she is willing to live with her parents and not willing to live with the petitioner No. 1. Though the learned counsel for the petitioners has stated that today the prosecutrix has been tutored by her mother and as a matter of fact, she is still willing to live with the petitioner No. 1.

9. All the aforesaid facts may not be considered by this Court for the reasons that if the prosecutrix is already married to someone else and the petitioner No. 1 is her second husband, then how the Court can say that the prosecutrix should live with the petitioner No. 1. If both are willing to live together, they can take appropriate steps strictly in accordance with law.

10. Since the investigation is going on, the petitioner are directed to appear before the Investigating Officer concerned on 19.08.2025 at 11:00 a.m. to co-operate in the investigation. Thereafter, the investigating officer shall record their statement and 5 CRLP No. 6936 of 2025 shall conduct the investigation strictly in accordance with law. If the petitioners do not co-operate in the investigation properly, the protection of this order may be withdrawn on the next date.

11. List this case on 11.09.2025 along with Criminal Misc. Writ Petition No. 5339 of

12. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR.

13. Since there is discrepancy regarding age of the prosecutrix inasmuch as in her earlier writ petition, she had herself stated her age to be 22 years, her mother while lodging the FIR has stated that her daughter is aged about 20 years whereas her educational documents indicating her date of birth as 01.01.2010, so the liberty is given to the Investigating Officer concerned to get the ossification test of the prosecutrix done by the Chief Medical Officer, Bahraich and that report shall be produced before this Court on the next date.

14. On the next date, the petitioner No. 1, the prosecutrix and the complainant along with the Investigating Officer concerned shall again appear in person before this Court. "

3. In pursuance of earlier order, petitioner no.1- Kandhailal @ Kanhaiyya Lal, informant and prosecutrix along with Mr. Ram Pravesh Yadav, Sub-Inspector and Ms. Neeraj Singh, Lady Constable, P.S.- Khairighat, District- Bahraich are present in person before this Court.

4. Learned AGA has produced a copy of medical examination report dated 28.08.2025 conducted by C.M.O. Bahraich. The same is taken on record.

5. List this case on 22.09.2025.

6. On the next date, parties present today shall again appear in person before this Court but the Police Officers who are present need not to appear again.

7. Interim order, if any, is extended till the next date of listing."

3. In compliance of the aforesaid order, petitioner No.1- Kandhailal @ Kanhaiyya Lal, prosecutrix- Poonam and her mother- Smt. Rani Devi are present in person.

4. The prosecutrix has stated that she has married with petitioner No.1- Kandhailal @ Kanhaiyya Lal, and is living with him peacefully.

5. The mother of the prosecutrix has also stated that she has no objection if her daughter lives with petitioner No.1- Kandhailal @ Kanhaiyya Lal, as his 6 CRLP No. 6936 of 2025 wife and the direction may be issued to him to look after her daughter properly.

6. Having considered the submission of the parties and their counsels, we do not find proper to keep this petition pending any longer. Since the investigation is going on therefore, it is expected that such investigation be conducted and concluded with expedition subject to proper cooperation of the parties. As soon as, the investigation is completed, the police report may be filed.

7. It is clarified that, that the police report may be in a shape of final report or chargesheet. Since, the petitioner No.1 and prosecutrix have married together therefore the Investigating Officer may consider this aspect carefully. If, the final report is filed, no party may be aggrieved inasmuch the mother of the prosecutrix is also agreed on such marriage, and if, in any case, any chargesheet be filed, the same may be assailed before the appropriate Court of law but during the period of investigation, the parties may not be harassed unnecessarily.

8. The writ petition is disposed of in view of the aforesaid terms.

9. Interim order stands vacated. September 22, 2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

"(1) Heard the learned counsel for the petitioners and learned A.G.A. who appears on behalf of the State-Respondent nos.1, 2 & 3. (2) This petition has been filed by the petitioners for the following main prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 31.05.2025 by Opposite party no.3 in FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, in respect of petitioners only, as contained in Annexure No.1 to the writ petition. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the 2 CRLP No. 6936 of 2025 Opposite party no.2 not to arrest or adopt any coercive measures against the present petitioners on the basis of impugned First Information Report dated 31.05.2025 lodged by the Opposite party no.3 in FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, in respect of petitioners only, as contained in Annexure No.1 to the writ petition." (3) It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the impugned FIR. According to the FIR itself, the daughter of the informant is 20 years old and it was alleged that she was enticed away by the Petitioner no.1-Kandhailal @ Kanhaiyya Lal, on 30.05.2025 at about 08:00 PM with the help of the Petitioner nos.2 to 4. (4) It has been submitted that the victim is major as is evident from her Aadhar Card. The Petitioner no.1 had married the alleged victim in Arya Samaj Mandir on

02.06.2025. A copy of the Marriage Certificate issued by Arya Samaj Mandir has been filed as Annexure No.3 to the petition. The Opposite party no.3 being annoyed started to torture the alleged victim and the victim filed one Criminal Misc. Writ Petition No.5339 of 2025 where this Court was pleased to pass an order dated

20.02.2025 observing that the Petitioner no.1 is aged about 22 years and the Petitioner no.2 is aged about 23 years. After observing the lodging of the F.I.R. bearing F.I.R. No.237 of 2025 only under Section 84 of the B.N.S., the Court had issued notice to the Respondent no.4 and observed that the matter be listed in the week commencing 25.07.2025. After such order was passed on 20.02.2025 it is alleged that the victim's mother telephoned her and called her to give statement before the police and also promised her to send her back to the house of the Petitioner no.1 but instead of keeping the promise she was kept at home and then produced before the Child Welfare Committee in pursuance of F.I.R. which has been challenged in this writ petition. The Child Welfare Committee has recorded the age of the victim as 15 years and has also directed that she be sent to Children's Home. (5) The learned counsel for the petitioners has pointed out Annexure No.5 to the writ petition which is a statement of the victim recorded before the Child Welfare Committee on 01.07.2025 wherein she has clearly stated that she is two months pregnant and has been forcibly kept at her parents house who beat her up and also do not give her food. (6) It has also been stated by the victim that because of the lodging of the impugned F.I.R. she had been kept at for five days at one stop center. (7) Learned A.G.A. has produced before this Court instructions dated 31.07.2025 sent by Shri Ram Pravesh Yadav, Sub-Inspector of Police Station Khairighat, District Bahraich, wherein it has been stated that when the victim was produced before the Child Welfare Committee her statement was recorded and as per the Scholar Register 3 CRLP No. 6936 of 2025 and Transfer Certificate of the School where the victim had study, she was born on

01.01.2010 and at the time of the incident of running away she was only 14 years 10 months and 29 days. The instructions are kept on record. (8) On the basis of Educational Certificate and on the basis of Medical Examination Section 84 has been deleted and Section 137(2) of the B.N.S. has been added. The Child Welfare Committee has sent the victim to Bal Grah Parade Sarkar, Portganj, Gonda, initially, but later on she has been sent with her mother and is currently living at her parents house. (9) The learned A.G.A. is directed to inform the SHO/ Investigating Officer of Police Station Khairighat, District Bahraich, to ensure the presence of the Respondent no.3 before this Court on the next date of listing alongwith victim. (10) List this matter on 05.08.2025. (11) 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. (12) Till the next date of listing, the arrest of the petitioners, namely, Kandhailal @ Kanhaiyya Lal, Chhabbu @ Chhabbu Lodhi, Shobhawati and Gulaba, in pursuance of the First Information Report dated 31.05.2025 relating to FIR/ Case Crime No.0237 of 2025, under Sections 137(2), 87, 64(2)(N) B.N.S. & 5 L/6 P.O.C.S.O. Act, at Police Station Khairighat, District Bahraich, 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."

3. In compliance of the aforesaid order, Ram Pravesh Yadav, Sub-Inspector of police station Khairighat, district Bahraich is present in person. He informed the Court that despite the fact that he had intimated the complainant and the prosecutrix that they will have to appear before High Court on 05.08.2025 and they assured that they will appear before the Court but, when the Sub-Inspector reached the house of the complainant and the prosecutrix, both were out of village and after asking from the neighbourer he came to know that they had gone to meet their lawyer.

4. Be that as it may, it was the responsibility of Sub-Inspector concerned to ensure presence of the persons in compliance of the aforesaid order and those persons are not present before the Court today, therefore, as a last opportunity one week time is given to Sub-Inspector concerned to ensure presence of the persons in terms of order dated 01.08.2025.

5. List this case on 13.08.2025. On that date, Sub-Inspector concerned along with complainant and the prosecutrix shall appear before this Court in person. 4 CRLP No. 6936 of 2025

6. The interim order, granted earlier, shall continue till the next date of listing.

7. Let a copy of this order be provided to Senior Superintendent of Police, Bahraich within two working days for its compliance."

3. In compliance of the aforesaid order, Kandhailal @ Kanhaiyya Lal (petitioner No. 1), Smt. Rani (complainant/ informant) wife of Sri Bankelal Lodh; and the prosecutrix are present in person.

4. Sri Ram Pravesh Yadav, Sub Inspector, and Ms. Neeraj Singh, Lady Constable, Police Station- Khairi Ghat, District- Bahraich are present, who have ensured the presence of the petitioner No.1, the complainant and the prosecutrix.

5. Learned counsel for the petitioners has stated that the petitioners have been falsely implicated in the present case as they have not committed any offence as alleged.

6. Attention has been drawn towards Annexure No. 4 which is interim order dated

20.06.2025 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No. 5339 of 2025.

7. In the aforesaid writ petition, the prosecutrix and the petitioner No. 1 are the petitioners and the aforesaid petition was filed jointly giving impression to the Court that they have married each other and the family members of the prosecutrix are exerting undue pressure upon them. Therefore, this Court while issuing notice to the opposite party No. 4 of that writ petition i.e. informant complainant fixed the next date for 25.07.2025. No interim order has been granted in that writ petition. Thereafter, the petitioners filed the present writ petition.

8. Learned A.G.A. had informed the Court that the prosecutrix was already married to another person for the past two years and she is not living with the previous husband and so willingly gone with the petitioner No. 2 of that writ petition (petitioner No. 1 of the present writ petition). Today, the prosecutrix has stated that she is willing to live with her parents and not willing to live with the petitioner No. 1. Though the learned counsel for the petitioners has stated that today the prosecutrix has been tutored by her mother and as a matter of fact, she is still willing to live with the petitioner No. 1.

9. All the aforesaid facts may not be considered by this Court for the reasons that if the prosecutrix is already married to someone else and the petitioner No. 1 is her second husband, then how the Court can say that the prosecutrix should live with the petitioner No. 1. If both are willing to live together, they can take appropriate steps strictly in accordance with law.

10. Since the investigation is going on, the petitioner are directed to appear before the Investigating Officer concerned on 19.08.2025 at 11:00 a.m. to co-operate in the investigation. Thereafter, the investigating officer shall record their statement and 5 CRLP No. 6936 of 2025 shall conduct the investigation strictly in accordance with law. If the petitioners do not co-operate in the investigation properly, the protection of this order may be withdrawn on the next date.

11. List this case on 11.09.2025 along with Criminal Misc. Writ Petition No. 5339 of

12. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR.

13. Since there is discrepancy regarding age of the prosecutrix inasmuch as in her earlier writ petition, she had herself stated her age to be 22 years, her mother while lodging the FIR has stated that her daughter is aged about 20 years whereas her educational documents indicating her date of birth as 01.01.2010, so the liberty is given to the Investigating Officer concerned to get the ossification test of the prosecutrix done by the Chief Medical Officer, Bahraich and that report shall be produced before this Court on the next date.

14. On the next date, the petitioner No. 1, the prosecutrix and the complainant along with the Investigating Officer concerned shall again appear in person before this Court. "

3. In pursuance of earlier order, petitioner no.1- Kandhailal @ Kanhaiyya Lal, informant and prosecutrix along with Mr. Ram Pravesh Yadav, Sub-Inspector and Ms. Neeraj Singh, Lady Constable, P.S.- Khairighat, District- Bahraich are present in person before this Court.

4. Learned AGA has produced a copy of medical examination report dated 28.08.2025 conducted by C.M.O. Bahraich. The same is taken on record.

5. List this case on 22.09.2025.

6. On the next date, parties present today shall again appear in person before this Court but the Police Officers who are present need not to appear again.

7. Interim order, if any, is extended till the next date of listing."

3. In compliance of the aforesaid order, petitioner No.1- Kandhailal @ Kanhaiyya Lal, prosecutrix- Poonam and her mother- Smt. Rani Devi are present in person.

4. The prosecutrix has stated that she has married with petitioner No.1- Kandhailal @ Kanhaiyya Lal, and is living with him peacefully.

5. The mother of the prosecutrix has also stated that she has no objection if her daughter lives with petitioner No.1- Kandhailal @ Kanhaiyya Lal, as his 6 CRLP No. 6936 of 2025 wife and the direction may be issued to him to look after her daughter properly.

6. Having considered the submission of the parties and their counsels, we do not find proper to keep this petition pending any longer. Since the investigation is going on therefore, it is expected that such investigation be conducted and concluded with expedition subject to proper cooperation of the parties. As soon as, the investigation is completed, the police report may be filed.

7. It is clarified that, that the police report may be in a shape of final report or chargesheet. Since, the petitioner No.1 and prosecutrix have married together therefore the Investigating Officer may consider this aspect carefully. If, the final report is filed, no party may be aggrieved inasmuch the mother of the prosecutrix is also agreed on such marriage, and if, in any case, any chargesheet be filed, the same may be assailed before the appropriate Court of law but during the period of investigation, the parties may not be harassed unnecessarily.

8. The writ petition is disposed of in view of the aforesaid terms.

9. Interim order stands vacated. September 22, 2025 Reena/- (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench