Allahabad High Court

CRLP/9559/2025 of SMT. KIRAN AND 3 OTHER Vs STATE OF U.P. AND 3 OTHER on 12 May 2025

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No. - 2025:AHC:77917-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9559 of 2025 Petitioner :- Smt. Kiran And 3 Other Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 9559 of 2025

Petitioner :- Smt. Kiran And 3 Other

Respondent :- State Of U.P. And 3 OtherCounsel for Petitioner :- Atul KumarCounsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.'Honble Anil Kumar-X,J.

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1. Heard Ms. Diksha Kesharwani, Advocate holding brief of learned counsel for thepetitioners and Shri Paritosh Malviya, learned A.G.A.-I for the State respondents.

2. The relief sought in this petition is for quashing of the impugned Notice dated09.03.2025 under Section 94 BNSS issued by the Sub Inspector, Police StationMahila Thana, District Muzaffar Nagar by which petitioners have been directed topresent before Investigating Officer, in Case Crime No.1 of 2025 under Section 85,115(2), 352, 351(2) BNS and 3/4 D.P. Act, P.S. Mahila Thana, District MuzaffarNagar.

3. Shri Paritosh Malviya, learned A.G.A.-I raised preliminary objection quamaintainability of the writ petition on the ground that the petitioner is named in theFIR. It is paramount responsibility of the accused to actively participate in the on-going investigation. Nothing adverse can be inferred at this stage. He further statesthat there is non-cooperation in the on-going investigation and in such situation, theInvestigating Officer has no other option but to issue notice under Section 94 BNSS2023, which requires no interference.

4. Considering the facts and circumstances, as has been pressed before us, we arenot inclined to entertain the instant writ petition. Suffice to indicate that thepetitioners shall actively co-operate in the on-going investigation and it is expectedfrom the respondents not to unnecessarily harass the petitioners.

5. The writ petition is disposed of.

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)

Order Date :- 13.5.2025A. Pandey

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