Ajay Kumar Gupta Alias Pappu and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9709 of 2024 Petitioner :- Ajay Kumar Gupta Alias Pappu And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Anurag Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for petitioners and learned A.G.A. for the State. This petition seeks issuance of a writ in the nature of certiorari for quashing the First Information Report dated 26.10.2024 bearing Case Crime No.0587 of 2024, under Sections 323,504,506,376 I.P.C., Police Station Antu, District Pratapgarh. Submission of learned counsel for petitioners is that petitioners are innocent persons and they have been falsely implicated in this case. Learned counsel for petitioners has made two submissions for challenging the First Information Report. The first submission is that certain obscene photographs of sister of the informant were taken for which she has lodged an F.I.R. and hence he has refused to marry with the informant. The second submission is that the informant herself is in relationship with another person and petitioner has certain photographs as a proof thereof. So far as the first submission is concerned, we have perused the F.I.R. lodged by the sister of the informant. The said F.I.R. states that without her knowledge some of the photographs were taken and circulated hence she has lodged the F.I.R. We do not find the same to be a sufficient cause for denying marriage, as every woman has a right to protect her dignity. If any crime is committed against her she has every right to take appropriate legal action. Even putting social pressure upon her to accept indecent act against her wishes violates every norm of justice and morality. So far as the second submission is concerned, learned counsel for the petitioners has placed before us a photograph on the basis of which it is claimed that informant is having relationship with another person. We do not find anything at all in the said photograph suggesting any relationship whatsoever. Learned counsel for the petitioners has argued nothing with regard to the contents of the impugned F.I.R.itself. Thus, in the given facts and circumstances, we do not find any force in the submissions of learned counsel for the petitioners. Accordingly, the writ petition is dismissed. (Om Prakash Shukla, J.) (Vivek Chaudhary,J.) Order Date :- 19.12.2024 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench