Allahabad High Court
CRLP/22336/2025 of HITESH @ HITESH KUMAR AND 6 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 21 May 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22336 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J. HON'BLE SANTOSH RAI, J. Order with regard to petitioner nos. 2 to 7 1.Supplementary affidavit bringing on record the certified copy of the F.I.R. has been filed today. The same is taken
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22336 of 2025
Court No. - 47
HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
Order with regard to petitioner nos. 2 to 7
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1. Supplementary affidavit bringing on record the certified copy of the F.I.R. has been filed today. The same is taken on record.
2. Heard learned counsel for petitioners and learned AGA for State- respondents.
3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.08.2025 registered as Case Crime No.50 of 2025, under Sections 85, 115(2), 352, 351(3), 64 and 82 B.N.S. and Section 3/4 D. P. Act, P.S. Mahila Thana, District Moradabad and for a direction to the respondents not to arrest the petitioner nos.2 to 7 in pursuance of impugned First Information Report.
4. It has been submitted that the husband as well as entire family members of the husband-petitioner no.1 have been falsely implicated in the present case by the opposite party no.4 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh.
5. Matter requires consideration with regard to petitioners no.2 to 7.
6. Issue notice to respondent no.4.
7. All the respondents may file counter affidavit within period of four weeks. Petitioner may file rejoinder affidavit within two weeks.
8. List this case after six weeks. Versus Counsel for Petitioner(s) : Mukesh Joshi Counsel for Respondent(s) : G.A. Hitesh @ Hitesh Kumar And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
9. Till the next date of listing or till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C.,/193(3) B.N.S.S., whichever is earlier the respondents are restrained from arresting the petitioners no.2 to 7 pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order with regard to petitioner no.1, Hitesh @ Hitesh Kumar
1. Learned counsel for the petitioner submitted that there is no other allegation except harassment of dowry.
2. In view of above submission, case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of with regard to petitioner no.1 directing the investigating officer to conclude the investigation of this case within period of 60 days.
3. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner/petitioners shall not be arrested in pursuance of the the impugned First Information Report dated 29.08.2025 registered as Case Crime No.50 of 2025, under Sections 85, 115(2), 352, 351(3), 64 and 82 B.N.S. and Section 3/4 D. P. Act, P.S. Mahila Thana, District Moradabad .
4. In case of non-cooperation with the police investigation by the petitioner/petitioners, it shall be open for either of the respondents to file recall application of this order. September 26, 2025 Asha CRLP No. 22336 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad