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The High Court of Judicature at Allahabad, in Criminal Misc. Writ Petition No. 4373 of 2026 – Rimjhim vs State of U.P. & Others, passed a significant order on 15.05.2026 regarding a allegedly false kidnapping FIR lodged by the father of a major girl.

Facts of the Case

An FIR No. 53 of 2026 under Section 87 BNS was lodged at Police Station Lalia, District Balrampur, alleging that the petitioner Rimjhim had been kidnapped by unknown persons for the purpose of marriage. However, the alleged victim herself appeared before the Court and categorically stated that:

1. she had voluntarily left her parental home;
2. no one had abducted or kidnapped her;
3. she was a major and legally competent to take independent decisions regarding her life;
4. she had acted out of her own free will without coercion or inducement.

Court’s Serious Observations

Despite the victim denying any offence, the police investigation allegedly implicated one Niyaz Ahmed under serious provisions of the BNS and SC/ST Act, including Sections 69, 115(2), 351(2) BNS and Sections 3(1)(Da), 3(1)(Dha), 3(2)(Va), 3(2)(v) SC/ST Act.

The Court expressed strong displeasure and observed that:

1. it was “strange” that an FIR continued despite the victim herself denying any offence;
2. the investigation appeared “botched and malicious”;
3. serious penal sections had been invoked against a person even though the alleged victim denied the occurrence itself.

Directions Issued by the Court

The Division Bench directed:

1. The Additional Chief Secretary (Home), Government of U.P. to file a personal affidavit explaining:
2. how such investigation was conducted;
3. which officials were responsible;
4. what action should be taken against them.
5. The Court warned that if the affidavit is not filed, the ACS (Home) must personally appear before the Court with records.
6. The complainant-father was also directed to appear personally and explain why action should not be initiated against him for lodging a “fake and frivolous FIR.”
7. Till further orders, the FIR was stayed by the Court.

Importance of the Judgment

This order is significant because the Court strongly protected the autonomy and liberty of a major woman and questioned:

1. misuse of kidnapping allegations by family members,
2. wrongful implication under serious criminal provisions,
3. and improper police investigation despite contrary statements of the alleged victim herself.

The judgment also signals strict judicial scrutiny against false FIRs and malicious investigations.

Dowon load judgment

https://t.me/sajjadhusainlaw/335

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13401317

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