Shauddin & Anr. v. State Of U.P. Thru. Prin. Secy. Home Lko
Case at a glance
- Decided
- 01 Aug 2025
- Bench
- S SANGEETA CHANDRA, BRI
- Neutral citation
- 2025:AHC-LKO:44814-DB
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 80, 85
- Dowry Prohibition Act, 1961 ss. 3, 4
Key paragraphs
- Para 55. This writ petition is accordingly disposed of with a liberty to the petitioners to approach Magistrate concerned. . [Brij Raj Singh, J.] [Sangeeta Chandra, J.] Order Date :- 1.8.2025 Anuj Singh ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Judgment
Heard learned counsel for the petitioners, learned A.G.A. appearing for the State and perused the record.
This petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned FIR bearing FIR No.0119 of 2025, under section 80 and 85 of BNS 2023, under section 3 and 4 of Dowry Prohibition Act 1961, dated 27.05.2025 registered at Police Station - Kandhai, District - Pratapgarh contained as Annexure No.1 to this writ petition, in the interest of justice. ii. Issue a writ order or direction in the nature of mandamus commanding the opposite parties no.2 and 3 not to arrest the petitioners in pursuance to the impugned F.I.R, in the interest of justice. "
It has been submitted by the learned counsel for the petitioners that petitioners are the brother and sister-in-law of the main accused Wahavuddin , who is husband of the deceased. It has also been submitted that in the F.I.R. the opposite party no. 4 has stated how the husband of the deceased started a relationship out side marriage with the younger sister of the deceased. The petitioners lived separately from the main accused - Wahavuddin and his family for almost six years from where their home is about 300 meters away. The petitioners are having separate ration card. They have been wrongly accused of conniving with the main accused leading to the death of the deceased.
Learned A.G.A. has produced before this Court Circle Officer, Patti, District- Pratapgarh wherein it has been stated that notice was repeatedly issued by the Investigating Officers to the accused i.e. the petitioners but they remained absconded and they have not responded. The Investigating Officer approach the Magistrate concerned, who has issued non bailable warrant on 3.7.2025. The petitioners could not found despite efforts being made in this regard.
This writ petition is accordingly disposed of with a liberty to the petitioners to approach Magistrate concerned. . [Brij Raj Singh, J.] [Sangeeta Chandra, J.] Order Date :- 1.8.2025 Anuj Singh ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 80, 85; Dowry Prohibition Act, 1961 — ss. 3, 4.
Which court decided this case, and when?
Allahabad High Court, on 01 Aug 2025. The bench was S SANGEETA CHANDRA, BRI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.