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2025 DAILYLAW 116174 (ALL)

MOHD. OWAISH KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/223/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2177-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 223 of 2025 Petitioner :- Mohd. Owaish Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Vinod Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and Shri Mohit Kishore Awasthi, learned counsel appearing for respondent No.4. 2. This writ petition has been filed with the following main prayers:- "i. A writ, order or direction in the nature of certiorari for quashing the impugned FIR No.0287 of 2024, under Section 420 IPC, Police Station- Kotwali Nagar, District- Bahraich lodged by opposite party No.4 which is contained as Annexure No.1 to this petition. ii. A writ, order or direction in the nature of mandamus commanding the opposite party Nos.2 and 3 not to take an coercive action against the petitioner during the pendency of this writ petition in relation to impugned FIR No.0287 of 2024, under Section 420 IPC, Police Station- Kotwali Nagar, District- Bahraich lodged by opposite party No.4 against the petitioner, which is contained as Annexure No.1 to this petition so far as relates the petitioner." 3. Learned counsel for the petitioner and learned counsel for respondent No.4 have stated before this Court that the dispute between the parties is private in nature. It is further stated that the alleged offence is compoundable and a compromise has occurred between the informant and accused-petitioner. 4. This petition is disposed of with a direction to the parties to approach the Investigating Officer along with the compromise within two weeks. The Investigating Officer shall take a decision, in accordance with law, within two weeks thereafter. 5. For a period of four weeks or till such a decision is taken by the Investigating Officer, the petitioner shall not be arrested in pursuance of the impugned F.I.R. 6. The Registry is directed to return the original compromise filed along with the writ petition after retaining a photocopy of the same on record. Order Date :- 13.1.2025/Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench