Allahabad High Court
CRLP/10799/2025 of RAJESHWARI AND OTHERS Vs STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND OTHERS on 18 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10799 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Short counter affidavit filed on behalf of respondent No.4 is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A.
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 10799 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Short counter affidavit filed on behalf of respondent No.4 is taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A. appearing for the respondents No.1 to 3 and Shri Nikhil Pandey, learned counsel appearing for the respondent No.4.
3. Learned counsel for the contesting parties state that subsequent to the lodging of the impugned F.I.R. No.0305 of 2025 dated 20.08.2025, under Sections 85, 108 of B.N.S. and Sections 3/4 of D.P. Act, Police Station Kakori, District Lucknow, a copy of which is Annexure-1 to the petition, the complainant has submitted an application to the Commissioner of Police, Lucknow dated 23.09.2025, a copy of which is part of Annexure- CA1 to the short counter affidavit, per which he has indicated that the offence for which the impugned F.I.R. was lodged had never occurred.
4. Learned counsels for the parties jointly pray that the Commissioner of Police, Lucknow be directed to decide the said application in accordance with law within a specified time.
5. Considering the aforesaid, the writ petition is disposed of with a direction to the Commissioner of Police, Lucknow i.e. respondent No.2 to decide the application submitted by the complainant dated 23.09.2025 in accordance with law and the relevant rules, which application would be decided within a period of three weeks from the date of submission of the certified copy of Versus Counsel for Petitioner(s) : Dinesh Kumar Counsel for Respondent(s) : G.A. Rajeshwari And Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Others .....Respondent(s)
this order along with the application dated 23.09.2025.
6. Till a decision has been taken in the application dated 23.09.2025, no coercive action shall be taken against the petitioners in pursuance of the impugned F.I.R.
7. It is needless to mention that the certified copy of this order along with the application dated 23.09.2025 shall again be submitted before the Commissioner of Police, Lucknow within a week from today.
8. In case the petitioners fail to submit the certified copy of this order along with the application within the aforesaid period, they would not be entitled for the benefit of this order.
9. It is made clear that the Court has not entered into the merits of the claims set forth by the petitioners. November 18, 2025 S. Shivhare CRLP No. 10799 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench