Gopal v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9569 of 2023 Petitioner :- Gopal Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Prabhat Dwivedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "i) Issue writ order in nature of certiorari for quashing the impugned first information report dated 05.12.2023 lodged by opposite party No.4 under pursuance of section 306 1.P.C. in FIR/Case Crime No. 237/2023, P. S-Ranipur, District-Bahraich, in respect of petitioner, contained as Annexure No.1, in the interest of justice.

ii) Issue writ order in nature of mandamus commanding to the concerned opposite parties that they not arrest the petitioner on the basis of impugned first information report, in the interest of justice."

¶3It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the impugned F.I.R. and he is completely innocent.

¶4This Court has gone through the F.I.R. which has been lodged by the father of the deceased saying that his daughter got married around 20 years ago to one Vinod Kumar and from the said marriage three children were born, the eldest child was 18 years, the second child was 15 years old and the third child was 13 years. The deceased was enticed away by the accused Gopal and they eloped to Punjab, but came back on 27.11.2023 and the main accused Gopal, thereafter, beaten up deceased and sent her back to her husband's home on 03.12.2023. The deceased was harassed and tortured to such an extent by the accused Gopal that she committed suicide.

¶5This Court having gone perused the F.I.R. finds a cognizable offfence to be made out against the petitioner and there is no good ground to grant the prayer as made in this writ petition.

¶6The writ petition stands dismissed. Order Date :- 18.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench